THE CHILD SUPPORT AND THE DEPENDENCY TAX EXEMPTION If you have a child support order, Indiana law also requires that the court designate which parent may claim the child (or children) as a dependent on federal and state taxes. If the noncustodial parent is granted the...
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Year: 2015
Collection Companies Dredging Up Old Accounts do You Have A Defense? do Not Pay Until You Have Spoken To A Lawyer
Statute of Limitations is defined as, "a law that bars claims after a specified period; specif., a statute establishing a time limit for suing in a civil case, based on the date the claim accrued..." Black's Law Dictionary 1546 (9th ed. 2009). Indiana's statute of...
Should Your Divorce be Final by December 31? What are the Income Tax Consequences?
END OF YEAR DIVORCE PLANNING Do you have a divorce pending as a lawyer or a party? If your divorce is eligible to be final before the end of the year do not forget to consider the income tax implications of the date of the divorce. Also, remember that courts may not...
Can you or Should you Record Your Children’s Telephone Calls in Indiana?
The Indiana Parenting Time Guidelines provide for parents and children to have reasonable phone access to each other. The guidelines also provide that parents and children are entitled to private communications. But what if the other parent has concerns for the...
Attorney Fees in Indiana Courts
CAN THE COURT AWARD FEES, SHOULD THE COURT AWARD FEES AND HOW MUCH FEES SHOULD THE COURT AWARD? Indiana follows the American rule with regard to attorneys' fees. Under the American rule, attorneys' fees are only awarded if allowed by contract, statute, where a common...
Issues Remaining After the Landmark Scotus Decision in The Obergefell Same-sex Marriage Case
ISSUES REMAINING AFTER THE LANDMARK SCOTUS DECISION IN THE Obergefell SAME-SEX MARRIAGE CASE Domestic Partner Benefits After the Supreme Court ruling in Obergefell, companies began to discontinue benefits for domestic partners. Prior to same-ex marriage being legal...
Are You Or Your Clients Incurring Liability For Your Children Under The Affordable Care ACT (ACA)?
One of the issues the new proposals to the Indiana Child Support Guidelines attempt to address are new requirements of the ACA. The ACA requirements actually have existed for tax years 2014 and after. In drafting custody and support agreements, parties should...
Indiana Supreme Court Issues Ruling on Grandparent Visitation
In its recent case In Re the Visitation of L-A.D.W., the Indiana Supreme Court overturned the Court of Appeals reversal as to the amount of grandparent visitation granted, and in doing so upheld the trial court's order including 24 total overnights a year and weekly...
Indiana Employers Must be Aware of Amendments to Indiana’s Assignment of Wages Statute
Effective July 1, 2015, amendments passed by the General Assembly will make changes to Indiana's Assignment of Wages Statute. The amendments include new additional purposes for which an employee can make a wage assignment. The new purposes for which an employee can...
SCOTUS Guarantees Same-Sex Marriage Rights Nationwide
The Supreme Court of the United States ruled today (June 26, 2015) in Obergefell v Hodges, http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf that state laws banning same-sex marriage and denying recognition of such marriages lawfully entered in other states...
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