Child Support to End At Age 19!! A near universal we observe is that child support is an issue that is contentious: the payor argues it is not enough to take care of the child and the payee too much support for him/her to live a decent lifestyle. And child support is applicable to almost every paternity and divorce action in which children are involved (Indiana Child Support Rule 2 (Presumption)). Precisely, the Indiana Child Support Rules and Guidelines, with foundational support in Indiana (and federal) statutes, help parties determine how much to pay, when to pay, and when to stop paying. ...
March 13, 2012CD
What You Need to Know About the Social Security Disability Exception An area of domestic law Ciyou & Dixon, P.C. attorneys observe clients sometimes very upset relates to Social Security Disability payments. For a long time, the Child Support Rules and Guidelines and controlling case law was vague and undeveloped as to whether such lump-sum awards could be applied to child support at all. In fact, despite the breadth of decisional law, this matter was not resolved in any definitive way until 2006. At this time, the Indiana Supreme Court issued its Brown decision (Brown v. Brown, 849 N.E.2d 610 (Ind.2006)). In ...
February 23, 2012CD
One of the most difficult cases Ciyou & Dixon attorneys face as domestic advocates is with CHINS (Child in Need of Services - Ind.Code § 31-34-1-1) proceedings that is re-filed and turns to a TPR case (Termination of Parental Rights - Ind.Code § 31-35-2-1). What occurs is a parent or parents do not respond to coercive interventions of the court and to protect the children, the DCS (Indiana Department of Child Services) may file a suit to terminate the legal rights of such parents. On February 14, 2012, the Indiana Court of Appeals, on rehearing, affirmed it prior decision in Termination ...
February 16, 2012CD
Few topics pull at the heart strings of adult children, grandparents, friends, relatives and other third parties more than providing for and protecting a child they have bonded with. Courts, lawyers, psychologistsi and guardiansii (daily) struggle with how to best resolve disputes between them over physical custody in paternityiii and divorceiv cases, follow constitutional imperatives and meet the best interests standard. The law is fairly clear. A natural parent’s right is superior to a third party, including a grandparent.v In fact, the United States Supreme Court has so ruled.vi Even a grandparent is entitled to only occasional visitation with his or ...
February 3, 2012CD
In Part I of this blog post, we sorted out some of the dimensions of legal custody. In Part II, the topic shifts to the corollary, physical custody. In the not-to-distant past, at a time where father’s rights to time with the child had not grown to the level of recognition (although under the gender neutral, best interests standard) they are today, the custodial parent (more often mothers) had primary physical custody and a father received “visitation.” Today, that is not the case, and Indiana’s trial courts are frequently hearing arguments advanced for joint physical custody, although the law is not ...
January 5, 2012CD
Few things domestic attorneys observe in daily practice, including Ciyou & Dixon, P.C. attorneys, pull at the heartstrings more than a child caught between two well-intentioned parents in a bitter custody dispute. It is for this reason that child custody lawyers, evaluators, and judges use wide variety of words to parcel out legal custody (and physical) with some precision at times. Sometimes as successor counsel, or just a friend reading another friends divorce paperwork, it is easy to wonder why so many words are used to relay a specific legal concept as it relates to custody. Semantics is the study of ...
January 3, 2012CD
A concept Ciyou & Dixon, P.C. attorneys sometimes observe clients (fathers) struggle with is grasping that law reflects the social policy of the day in action (With this blog topic in the present time, it is the perception or expectation or reality that mothers are better suited for the role as custodial parents and do obtain awards of physical custody on a more frequent basis). Most often, however, courts are tasked with enforcing the laws, not judicially re-writing them in any given society at any given time. The most known, and obvious, exception is where a law crosses a constitutional threshold ...
December 20, 2011CD
The Arguments, Policies, and Legal Theories Pro and Con While parents sometimes vehemently disagree about the amount of child support to be paid (received by the custodial parent) to maintain the lifestyle of the child(ren) post divorce, which is a controlling policy under the Child Support Guidelines, most would acknowledge each parent should pay some amount of support for their minor children. This is the simple part, but nevertheless a well-known area of dispute in application (i.e., the amount of presumptive child support to be paid). At Ciyou & Dixon, P.C., where we sometimes observe extraordinary disagreement and contentious litigation, usually on policy ...
December 8, 2011CD
At Ciyou & Dixon, P.C., we observe many divorce and custody disputes are centered around child support issues, and especially, how to determine weekly gross income for child support purposes. Often, it is more than simply base monthly salary divided by 4.3. More typically, the matter is a complex query into irregular sources of income or imputed income. Bonuses are a good, and common, example. With irregular income (certain bonuses by this example and blog post), the calculation process becomes complex, subjective and less black-and-white in application. Clearly, the child should obtain some benefit of bonuses, as he or she would have ...
December 1, 2011CD
At Ciyou & Dixon, P.C., we observe the failure and dissolution of a marriage, particularly those with younger children, is as much an emotional life event as a legal matter. Both parents deeply love their children, and want a post-divorce lifestyle to maximize time with the children and quality of life. This usually creates significant emotional stressors, which translates into the litigation in a myriad of ways when acknowledged by the litigant-parents: neither parent is going to spend the time with the children they did before and their individual standard of living is going to likely be scaled down. Thus the actual ...
November 3, 2011CD