Husband intended to defraud wife before divorce, COA rules
A man who conveyed several properties he owned to a family member shortly before divorcing his wife intended to defraud her, the Indiana Court of Appeals affirmed Thursday.
Divorce
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COA grants mom partial victory in irregular child support dispute
The Indiana Court of Appeals has found a father in contempt for failing to pay years’ worth of irregular child support, reversing a lower court’s denial of his ex-wife’s petition to show cause for his failure to pay.
COA remands for clarification of father’s domestic violence, psych evaluation orders
A father’s erratic fit of rage at the hospital following the birth of his second child supported the Indiana Court of Appeals’ affirmation of a divorce order sought by his wife. However, that order was remanded to clarify the man’s participation in a domestic violence program and a psychological evaluation, as well as a child support recalculation.
COA affirms ruling against ex-wife in husband’s IRA case
A woman seeking to obtain the full balance of her late husband’s individual retirement account couldn’t convince an appellate court that she shouldn’t have been denied summary judgment against his estate.
Supreme Court issues amended child support guidelines
Amendments made to Indiana’s Child Support Guidelines have been issued by the Indiana Supreme Court following a request for public comment earlier this year.
Judgment for spouse affirmed in military pension benefits appeal
A military veteran ordered to pay his ex-wife lost pension benefits after he opted to receive combat-related service compensation has lost his appeal of a partial denial of his motion to vacate judgment.
Soshnick: Debunking fiction? Tax affecting S corporation valuations in divorce cases
A recent case from a United States district court has garnered much notoriety and created major waves that may revive the important conceptual topic and signify broader acceptance of S corporation tax affecting in business valuations.
Medically induced disputes causing some heartburn
While the debate rages over the safety of immunizations, family law attorneys in Indiana say that issue is rarely a source of discord between divorced, separated or unmarried parents. However, arguments over medications and doctor’s appointments happen frequently, such as claims that a former spouse goes to the doctor every time the child has a sniffle or others asserting their child should have been taken to an urgent care center instead of the emergency room.
Father loses custody appeal despite consideration of active-duty status
An Indiana trial court improperly considered a father’s active duty status when awarding custody of his child to his estranged wife, but that error does not change the custody determination, the Indiana Court of Appeals has ruled.
Attorneys open new firm after Carmel’s Hollingsworth, Zivitz settle suit
Three attorneys have left Carmel-based Hollingsworth & Zivitz law firm to start their own partnership, the lawyers announced. The migration of counsel from the family-law focused firm comes after a lawsuit between its founding partners was settled with one partner’s buyout.
Man who brutally beat wife loses intimidation, sentence appeal
A Fort Wayne man sentenced to 12 years in prison after he broke his divorcing wife’s jaw in a brutal domestic violence assault, in which he also threatened her with a knife, lost his appeal Friday.
IndyBar: What Do You Do When the Custodial Parent Passes?
It’s a phone call or email that no family law attorney wants to hear in a divorce case — that the custodial parent has passed away in a case where the noncustodial parent had supervised parenting time. Apart from your own personal reaction, there are questions whirling through your mind — does custody automatically transfer to the other parent? Even if their parenting time was restricted? What action do I need to take regarding the custody of the child?
COA: Prenup enforceable despite missing list of wife’s excluded property
The Hendricks Superior Court erred in throwing out a couple’s prenuptial agreement in their divorce case despite conflicting testimony over how much the wife owned before her husband filed to dissolve the marriage. The Indiana Court of Appeals on Monday remanded the case to enforce the prenup.
Reversal: Wife’s protective order against husband lacks evidence
There wasn’t enough evidence to prove a woman in the middle of a divorce need a protective order, the Indiana Court of Appeals ruled, finding there was no evidence her husband was stalking her.
Named partner files to dissolve divorce firm Hollingsworth & Zivitz
A failed mediation attempt has led to court proceedings to dissolve a prominent Indianapolis-area divorce law firm. Kena Hollingsworth of Hollingsworth & Zivitz, P.C., filed a petition for dissolution of her Carmel firm in Kena S. Hollingsworth v. Hollingsworth & Zivitz, P.C., and Christina M. Zivitz, 29D02-1904-PL-003832, writing that a “deadlock” exists between her and partner Christina Zivitz over the management of the firm.
Prosecutors: Divorcing Greenwood couple left dog to starve
Prosecutors say a suburban Indianapolis couple who vacated their home during divorce proceedings left their dog behind to starve to death. Michael S. Setser of Greenwood faces a misdemeanor charge of abandonment or neglect of a vertebrate animal, and Amanda Setser of Franklin faces a misdemeanor animal cruelty charge.
‘Tweaks’ proposed to Indiana Child Support Guidelines
Proposed revisions to the Indiana Child Support Guidelines are currently open for comment. The guidelines are reviewed every four years in accordance with federal law, and attorneys described the proposals as tweaks and adjustments to align the courts with the ongoing evolution of family structures.
COA grants ex-wife full equalization payment from farm sale
Despite a man’s assertions that a trial court erred in denying his motion to correct error regarding the split of marital assets, the Indiana Court of Appeals found no such error occurred against him. Rather, it found error occurred against his ex-wife when she did not receive the full equalization payment after selling their farm.
COA: Trial court not required to order interest on equalization payment
A woman arguing interest should accrue on marital asset payments from her former husband failed to sway an appellate panel, which concluded the trial court was not required to include interest when reducing an equalization payment to a judgment.
Split COA: Maintenance not required in divorce of disabled spouse
A woman who receives Social Security Disability was not entitled to spousal maintenance, a divided panel of the Indiana Court of Appeals ruled, turning back a request on appeal to find that eligibility for SSD should constitute prima facie evidence of incapacity.