Can I Be Required to Contribute Toward My Kid’s College Expenses If We Have Had No Relationship After the Divorce1? Maybe? Maybe not! Under Indiana law, there is no absolute duty for a divorced parent to be ordered to contribute toward his or her adult child’s college expenses. Generally, Indiana divorce courts order divorced parents to pay toward their adult child’s college.2 However, where repudiation can be established—that there is no relationship between the adult child and parent--the court may determine the child has repudiated the relationship with the parent and relieve him of his or her obligation to contribute toward ...
November 14, 2018CD
What They Are and Why They Matter to You Everyone that has been divorced, ended a relationship, or has had any contact with a divorcing person knows divorces are difficult to impossible for several reasons. At the most basic level, a divorce reflects love and hate and conflict and uncertainty for the future. This blog post explores the most common dynamics in divorce so you can identify it and be aware of such in your divorce or that of a friend, family member or for general educational purposes. The key dynamic controls how the case will unfold: emotional, financial and/or legal. In most ...
April 20, 2016Adam Hayes
Every parent involved in parenting time and custody exchanges with their child(ren) and the other parent have had tense moments or disputes leading up to the exchange. Some parents feel pressure so great you can “cut it with a pair of scissors.” As each parent’s life has changed after divorce or paternity proceedings, logistics and time itself may make any deviation burdensome on the parents and breed hostility. Nevertheless, in ordinary exchanges or those that follow disputes, there a three tried and true ways to avoid acrimony—which psychologist tell us is always sensed by the child, eroding his or sense of ...
March 19, 2015CD
Often throughout the divorce or breakup process, it is a complex untangling a web of comingled items-funds, property, businesses, sometimes even ideas. Child custody is one of the first issues addressed, and division of property follows shortly thereafter. But what about Fido-the faithful family dog? Who gets the family dog in a breakup? Under present law, dogs, and other pets are considered property1. While the family pet may be considered a loving and loyal member of the family, it is not seen as different from a couch or television under present law. There have been some recent moves away from family ...
March 10, 2015CD
In domestic litigation, therapy and mental health can play a large role in determining child custody and parenting time. In some cases, therapy may be required between the child and parent regarding a number of issues, including addressing past issues or the general parent/child relationship. A recent Court of Appeals case discussed required psychotherapy for a parent, and how it relates to that parent’s ability to have parenting time with the minor Child1. In this case, the parties had one child together, and Mother had 2 children from a previous relationship. There was a history of sexual abuse for both Mother ...
November 18, 2014CD
It is time for another update on the Great Marriage Debate in Indiana. On June 25, 2014 a ruling by Chief Justice Richard Young of the United States District Court for the Southern District of Indiana found the ban on same-sex marriage in Indiana unconstitutional, violating both the Due Process and Equal Protection clauses of the 14th Amendment1. In their arguments, the Plaintiffs (parties bringing the action) argued that the State of Indiana was impeding on their fundamental right to marry, and therefore, its laws violated the Due Process Clause.2 The Court held that the Defendants did not meet their burden ...
October 30, 2014CD
Child Support is generally ordered in every case where there is a minor child(ren) in a divorce or paternity (child born out of wedlock) case. There are 3 main ways to terminate a child support order: Emancipation – Age – In Indiana, a child support order continues until the child reaches the age of 19 (previously 21), by statute. Some courts will automatically terminate a wage withholding order, and stop withdrawing funds from your paycheck upon the child turning 19, but in other cases, you may need to file a motion with the court to stop child support. Financial support for a ...
October 23, 2014CD
Society, and what comprises a family, has changed since the Leave it to Beaver days. Many more families are comprised by any mixture of parents, step parents, same sex couples, extended family members (aunts/uncles/grandparents), and even non married opposite sex couples cohabitating. The change in societal norms, and the construction of a family unit, has inherently caused the legislature and the courts to adopt new rules and laws to enforce rights and duties of a parent to a child, or someone acting as a parent to a child. In the past, the only legal rights and duties between a parent and ...
November 26, 2013CD
Recent blogs have discussed civil protective orders and related matters when there is a harm or threat of harm from a family or household member1. In filing a petition for a civil protection order, the party petitioning for same must check whether the person they are seeking to protect themselves against relationship to them2. For example, the person may be a spouse, former spouse, the parties may have a child in common, the parties may have resided together in an intimate relationship, or the person may be a parent or foster parent. In Indiana, the domestic battery statute defines an individual ...
November 5, 2013CD
Every attorney-client relationship and case share similarities. With divorce, this is no less the case. However, Ciyou & Dixon, P.C. attorneys observe divorces are often based on or laced with non-legal matters, such as the sense of loss of the marriage and fear of an unknown future. Or pure rage. Attorneys are all over the board on how they handle non-legal matters. Some, as with a horse with blinders, leave these components to therapists or the religious establishment to deal with. Other attorneys completely identify with their clients and take on their emotional state. Most fall somewhere in between lawyer and ...
October 25, 2011CD