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.
Family Law
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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.
‘I do not understand’: David, Rush publish sharp dissent to CHINS transfer denial
In a published dissent to a denial of transfer, two Indiana Supreme Court judges had sharp words for the Department of Child Services and the lower courts that, according to the dissent, did not take advantage of an opportunity to “make things right” for a father and his two children.
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.
A big plus: Improved child support calculators aid lawyers, parents
Newly updated versions of the state’s child support calculators went live July 1, drawing surprise and praise from family law attorneys.
Makris & Zoeller: How relocation statute changes affect child custody orders
When a parent with a child custody order plans to move, Indiana Code 31-17-2.2 sets out the requirements that they must follow in order to provide the nonrelocating parent with notice of their intended relocation. Amendments to the relocation statute that took effect on July 1 bring changes to filing deadlines, notice procedure, and to whom the law applies.
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.
Lawsuit claims DCS failing to protect children and inflicting further harm
Children going into the state’s child welfare system end up more broken, attorneys suing the Department of Child Services say, because they are not being provided with therapy and treatment to help them heal. Rather, the lawyers contend, DCS is just finding beds to stick the kids in and forgetting about their other needs.
Juvenile incarceration, crime falling nationwide
Advocates say alternatives to detention are benefiting kids, and Indiana is in line with statistics showing that across the country, youth incarceration and juvenile crime are declining.
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.
DCS director claims lawsuit is ‘misleading and harmful’
Claiming outside advocates were relying on “an inflammatory and outdated account,” Indiana Department of Child Services director Terry Stigdon released a video statement Monday in response to the lawsuit filed last week charging the state agency with inflicting further harm on children entering the foster care system.
Gambler dad not in contempt over horse saddle dispute
A father ordered to purchase a horse for his daughter in a paternity order cannot be held in contempt for failing to first buy a saddle if he wasn’t held in contempt for failing to buy the horse, an appellate court held Friday.
Supreme Court rejects DCS ‘piecemeal litigation’ in CHINS cases
In response to the question of whether the Department of Child Services can file successive CHINS petitions based on evidence available at the time of the original petition — a practice that has drawn ire from the Indiana Court of Appeals — the Indiana Supreme Court has ruled that such a practice is barred. However, the specifics of the case the court addressed Thursday did not require reversal.
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?
Reversal: Insufficient evidence to support termination of mother’s rights
A mother’s efforts to get her life back on track and reunite with her daughter were recognized by the Indiana Court of Appeals on Friday, which reversed an order terminating the mother’s parent-child relationship for insufficient evidence.
COA affirms CHINS adjudication in timeliness argument
The Indiana Court of Appeals has affirmed a child in need of services adjudication after concluding the dismissal sanction for failure to timely conduct a CHINS factfinding hearing is not a mechanism to collaterally attack a CHINS adjudication.
Cameras permitted in courts to celebrate National Adoption Day
Hoosier families celebrating adoption later this year will have the chance to commemorate the experience with cameras in the courtroom.
New DCS laws bringing changes to agency, foster parent system
Holding her infant foster daughter, attorney Kiamesha Colom explained in simple terms a 13-page bill that revamps parts of Indiana’s foster care system. Come July 1, she and her husband, like other long-term foster parents around the state, will be able to have more of a say in the care and protection of their baby.
Supreme Court upholds father’s removal as administrator of son’s estate
The Indiana Supreme Court has upheld the removal of a father as the special administrator of his deceased son’s estate, writing that trial courts should hold hearings on special administrator appointments to avoid confusion caused by a “race to the courthouse.”