Indiana Supreme Court Discusses Spousal Maintenance in Important Decision
Divorces are a lot of things, but one thing they are not is simple. This is especially true when it involves contested financial issues such as spousal maintenance. While custody and child support are often the focus, disputes over spousal maintenance (alimony) can also occur. In the case of Roetter v. Roetter, the Indiana Supreme...
Indiana Supreme Court Clarifies Custody Standards in Contested Cases
Custody disputes can be the most emotional and challenging issues that the courts face. Parents, grandparents, and other relatives can find themselves in court petitioning a judge to decide where their child should live and who should be allowed to make important decisions. In a 2009 decision (K.I. ex rel. J.I. v. J.H.), the Indiana...
Indiana Court Discusses Reasons for Awarding Alimony
In Indiana, “alimony” is not recognized in the traditional sense of the term. Instead, the law provides for spousal maintenance under Indiana Code § 31-15-7-2. Courts can award spousal maintenance under limited circumstances: If a spouse is physically or mentally incapacitated and unable to support themselves If a spouse must care for an incapacitated child,...
Indiana Relocation Case Decided by the Indiana Supreme Court
You can’t just up and relocate with your children when you have a custody agreement in place. You have to get the court’s permission to move to a different state. This was the subject of an Indiana family law case that went all the way to the Indiana Supreme Court for a decision. The mother...
Can I Reduce My Child Support Payments in Indiana?
Yes, you can petition the court to reduce your child support payments, but it isn’t necessarily simple. You need to be able to prove that a substantial change in circumstances has occurred and that the change in circumstances is likely to persist into the future. Absent that, the court will not grant a modification of...
Are Retirement Assets Divided in an Indiana Divorce?
The short answer is ‘yes’, retirement assets are subject to equitable distribution in Indiana. That means that your spouse could be entitled to half of your retirement accounts once you divorce. One Indiana divorce case that exemplifies this issue is Gatton v. Gatton, Court of Appeals of Indiana, No. 24A-DN-716. In this article, we’ll discuss...
When Will the Indiana Courts Not Divide the Marital Estate in Half?
Generally speaking, the Indiana courts will divide the marital estate evenly between the former partners. However, they don’t have to. Indiana operates on a system of equitable distribution, meaning that the marital estate is divided “fairly”—not necessarily evenly. In some cases, the courts can see fit to favor one party when dividing the marital estate....
Do I Need the Court’s Permission to Relocate with My Child?
If you attempt to relocate with your child without either the other parent’s or the court’s permission, you can be charged with kidnapping. You definitely need a court order that authorizes the move. If you and your coparent agree to the move, then you won’t need the court’s permission. If they contest the move, then...
Court Addresses Hidden Assets in Indiana Divorce Case
One strategy that some people employ during their divorce case is to hide assets or income streams to prevent the other spouse from making a fair recovery during their divorce. As you well know, the marital estate is divided during divorce, and not always equally. However, it is fraud to misrepresent your assets when going...
Indiana Court Rules that Prenuptial Agreement is “Unconscionable”
If you are considering drafting a prenuptial or postnuptial agreement, you need to have an attorney do the heavy lifting. Ultimately, your prenup could be tossed by the court if you cannot demonstrate that it was voluntarily entered into. One case in which a prenuptial agreement was invalidated is Justus v. Justus. In this case,...