To address a parent’s failure to pay child support for a child born within a marriage or out of wedlock, certain levels of non-support have thresholds that have been addressed by statutes. For example, at the state-level, there are statutes that make non-support a felony to prohibiting a licensed professional from renewal. Under federal law, a significant child support arrearage may cause non-renewal or issuance of United States Passport. Today, the Indiana Court of Appeals decided an important case that shows the ways to potentially retroactively modify child support ordered by a trial court.1 These exceptions show when your income changes ...
June 6, 2017CD
After review from the House of Representatives of the Indiana legislature, the proposed legislation, Senate Bill 27, was returned to the Senate with the House’s proposed changes, for approval before a final vote. Senate Bill 27 addresses some issues that may arise during adoption proceedings to streamline the judicial process, and protect the natural parent’s constitutional rights to raise his or her child. Under current Indiana law, if third parties file a Petition for Adoption of a Minor child, while a Petition to Establish Paternity in the natural Father is also pending, the matters must be consolidated and heard by the ...
April 10, 2014CD
Protective Orders, or POs, are a tool to protect a victim against a harasser or stalker. POs are in the nature of injunctive relief. Essentially, it is a court order prohibiting certain behavior of the harasser or stalker, towards the victim. A PO is NOT a No Contact Order. Popular portrayal in movies and TV shows often indicate that a Protective Order requires someone to stay at least so many feet or yards away from the victim. However, in Indiana, this is not true. Protective Orders can be tailored to the facts and circumstances of the parties involved, but generally, ...
January 17, 2013CD
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
“I lost my job and have no income; does child support automatically stop?” No. Under Indiana law, child support continues at the amount it is ordered to be paid until another order of the trial court issues. For this reason, it is critical that a person who loses his or her job file a petition to modify child support at once. A trial court can only modify child support back to the date a Petition to Modify Child Support is filed. Therefore, it important–critical-- this be done at once, even if there is a significant delay before a hearing can be held. For ...
July 14, 2011CD