If you are divorced, and your children plan to attend college, the divorce court can order you to contribute to college expenses after the children turn eighteen.1 If your dissolution decree does not address the division of college expenses, there is significant potential for argument and litigation over what amount each parent should pay; how the child will contribute; and what expenses will be included in an order to pay college expenses. Indiana courts have wide discretion over the amounts that each parent may be required to pay, as well as what ... Read More
12
Sep2018
23
Dec2015
As a general rule, each side pays their own legal fees under the American system of law. In divorce, paternity, and post-divorce litigation there are unique provisions not found in other civil law whereby attorneys fees may be awarded. They are not common, but the subject of this blog post.
The first and newly decided way attorneys fees may be awarded is through divorce cases that are settled by domestic arbitration. In an October 2016 case, the Indiana Supreme Court decided that under the Family Law Arbitration Act ... Read More
16
Sep2015
Legal matters, particularly lawsuits, address complex matters that tear at the social fabric of our diverse society, ranging from criminal cases, such as murder, to a hostile divorce proceeding between spouses disputing custody. As wide spread misconception is that the other side, who litigants often believe will “lose,” should or will be ordered to pay legal fees.
In the United States, and in Indiana,1 started with English law or common law. Under the English Rule, the party that loses or does not prevail pays the legal fees ... Read More