COA affirms denial of woman’s lawsuit against lawyers over creation of trust
The Court of Appeals of Indiana tossed a woman’s complaint alleging malpractice and fraud against an attorney and his St. Joseph County law firm.
Divorce
Articles
Soshnick: The perils of constructive dividends in divorce cases
When buying out a spouse’s business interest, the temptation is to draw funds from the corporation to pay. However, the potential unintended tax consequences of this approach can be both significant and detrimental.
McAtee: Reunification therapy tips for family law attorneys
The relationship between a parent and child may be at risk of significant damage in highly contested divorce cases.
COA rules noncustodial parent does not have to pay and will not receive child support
A weekly child support obligation that was ordered even after the calculation of the finances showed the noncustodial parent owed a negative amount has been reversed by the Court of Appeals of Indiana.
COA remands divorce case after mother’s due process rights were violated
A divorcing couple must return to court after the Court of Appeals of Indiana determined the mother’s due process rights were violated in previous court proceedings.
IN trial court can divide property after German divorce, COA rules
A woman who was divorced in a German court can pursue the division of her marital property in an Indiana trial court, the Court of Appeals of Indiana has ruled.
COA: Ex-husband rightfully granted motion to enforce settlement, owed appellate attorney fees
A woman who didn’t comply with the settlement agreement in her dissolution of marriage decree has failed to convince the Court of Appeals of Indiana that a trial court erred in granting a motion to enforce settlement.
COA: Deferred pension distribution not an error, but trial court should’ve protected wife’s portion until ex’s retirement
A trial court did not err in deferring the distribution of a man’s pension to his ex-wife until he retires, but it did err in failing to protect the ex-wife’s portion of the pension, the Court of Appeals of Indiana has ruled.
COA upholds trial court’s lengthy divorce order
A separated couple won’t be seeing any changes to the 47-page order dividing up their marital assets after appeals by both parties were denied by the Court of Appeals of Indiana.
COA: Death of ex-spouse does not end trial court’s jurisdiction
The Court of Appeals of Indiana is allowing a woman to pursue the quitclaim deed her former husband had promised after the trial court stopped the proceeding and concluded it no longer had jurisdiction to address the matter because the ex-husband died.
Reversal: Divorce court violated parents’ 1st Amendment rights via ‘non-disparagement clause’
A non-disparagement clause drafted into a couple’s divorce order to prevent the parents from talking badly about each other even outside of the presence of their child was an unconstitutional prior restraint on speech, the Court of Appeals of Indiana ruled in a partial reversal.
COA: Children’s habitual residence is South Bend, not Germany
The Court of Appeals of Indiana has reversed for a mother who moved from Germany to South Bend with her husband and children, finding she did not wrongfully retain her children in the United States after their father returned to Europe.
Property sales not permitted in divorce actions under provisional-order statute, COA rules
Provisional orders governing the affairs of parties in a pending divorce action do not permit trial courts to order the sale of property, the Court of Appeals of Indiana has ruled.
COA agrees father was underemployed but remands child support order
A father who was found to be voluntarily underemployed after his wife filed for divorce received a partial reversal Friday when the Court of Appeals of Indiana noted questions remained about his job opportunities and earnings level.
Husband with 2 wives avoids annulment at COA
A Goshen wife who discovered during divorce proceedings that her husband had actually been married to another woman during their marriage had her decree of annulment overturned after the Court of Appeals of Indiana found the man was not properly notified through a service by summons.
Justices affirm division of marital assets
The Indiana Supreme Court has determined a trial court didn’t err in its method of dividing up assets between a divorced Hendricks County couple, parting ways with the opinion of the Court of Appeals of Indiana.
COA affirms dissolution order despite husband’s arguments
The Boone Superior Court did not err in ordering an unequal division of a former couple’s marital estate, the Court of Appeals of Indiana has ruled.
7th Circuit determines $435K arbitration award was money judgment, not property interest
A $435,000 arbitration award was a money judgment that is subject to discharge in a bankruptcy case, the 7th Circuit Court of Appeals ruled in a dispute between ex-spouses.
Soshnick: Marital property in Indiana: What words to trust?
By Andrew Z. Soshnick The treatment of trust interests as marital property under Indiana law has an underdeveloped and confusing history. The 1973 Indiana Dissolution of Marriage Act and statutory amendments do not directly address the issue of what trust interests are marital property. Likewise, few appellate opinions attempt to clarify when trust interests are […]
COA: Dissolution of marriage reversed in part for recalculation of marital estate
The Court of Appeals of Indiana has partially affirmed and reversed a couple’s dissolution of marriage, ordering the Hancock Circuit Court to recalculate and redetermine a just and reasonable division of the marital estate.