In a previous blog post, we explored who can file for divorce, and how Indiana Courts have held that a guardian of an incapacitated adult may not file for divorce on behalf of that incapacitated person1. A recent Indiana Senate Bill seeks to change this process, and would allow for a guardian to file for divorce on behalf of an incapacitated adult under certain circumstances. Senate Bill 592 has been proposed and will be heard by the Senate Judiciary Committee. The Bill provides that a guardian could file for dissolution on behalf of an incapacitated person after requesting permission “only if ...
March 13, 2014CD
Often, in litigation matters, clients are concerned about what happens in court or mediation. However, it is often the “little things” that happen outside of court that can cause bigger problems for the client and their case. The list below is just a few pointers to assist a litigant during the pendency of a case. 1. Be careful with (or quit altogether) social media Social media is a part of many people’s daily lives. Wanting to check updates or write updates about your life is pervasive throughout today’s society. However, when you are involved in litigation, it is imperative to be extra ...
March 4, 2014CD
Within divorce and custody proceedings, often neither parent feels that they have received enough parenting time with the child. Under the Indiana Parenting Time Guidelines, generally, for a non-custodial parent (one without primary physical custody) of a school-age child who lives in close proximity to the custodial parent receives weekly parenting time, at a minimum, of one evening per week and every other weekend1. The situation becomes more complicated when a grandparent seeks time with the child. This situation occurs most often when a non-custodial parent does not exercise parenting time, or is unable to do so for various reasons, and ...
August 7, 2012CD
For readers of our blog posts, the educational focus of our articles is not new: each blog is aimed at giving each and every reader a new insight into the wonder of the American legal system. While it is easy to hone in on its sometimes glaring shortfalls, we live in a free, safe, and thriving society where our money is safe in banks, most disputes are not settled by bloodshed, and our clan does not set our future. The rule of law prevails because of our dedicated judges and attorneys. Listen to the daily world news and you will see ...
March 1, 2012CD
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
“I know grass grows on it! Is this what my lawyer means by our ‘Marital Property’ in Divorce?” For readers of our blog posts, you probably have a pretty good idea that divorce law has a lot of flexibility and ambiguity–and suspect this is a trick question. You are right. The answer is clearly “Yes”, but also and equally “No”. Ciyou & Dixon, P.C. attorneys frequent field (no pun intended) questions along the lines of “What is Marital Property?” The answer is important indeed. Under divorce law, property brought into the marriage, acquired during the marriage, and/or before final separation of the ...
December 6, 2011CD
Child support is often a point of discord among parties: the payor claims he or she cannot afford to pay the presumptive amount computed and determined by the Indiana Child Support Rules and Guidelines (viz-a-vie its Child Support Calculator); the recipient argues that the support does not maintain the children’s lifestyle, as it would have been, if the parties were married or had remained married. It is not much easier for the bench and bar and litigants on less contentious legal issues because child support is the subject of numerous state and federal statutes, rules and regulations. In fact, the interplay, ...
November 8, 2011CD
There are some slight changes or clarifications in the law. There are two (2) components to the pre-506 and post-506 law. The first is the means by which a handgun is transported to a dealer for repair. The second is the handling (carry) of the firearm when returned at the dealer. Under the laws repealed (invalidated) by Indiana Senate Bill 506, a person did not need a License to return a handgun to a dealer for repair. However, he or she had to transport the handgun unloaded and in a “secure wrapper” to the place of repair. The requirements of a ...
May 17, 2011CD
Ciyou & Dixon, P.C. attorneys routinely field questions about technological advances that may be used to gather critical evidence. Indeed, the tools that are available sometimes allow amazing pieces of evidence to be captured, authenticated, and have an evidentiary basis laid for their admission into evidence and use in the courtroom proceedings. For example, a spouse’s affair and the lavishing of gifts on a younger man may be memorialized in electronic format and played in HD in the courtroom to establish dissipation of marital assets. A docile dad’s claim he never stays out all night partying, drinking and womanizing — and, ...
April 5, 2011CD