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...
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...
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...
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...
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...
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...
Same-sex marriage is a relatively new phenomenon in the State of Indiana, but certain counties within the state have been permitting same-sex adoptions for years. Many Judges in recent years have been willing to waive or overlook stipulations contained in local rules,...
IMPUTING STEP-PARENT’S INCOME FOR CHILD SUPPORT In Faux v. Ferry, http://www.in.gov/judiciary/opinions/pdf/06031501jgb.pdf, the Father claimed the court should have imputed Mother’s new husband’s income for the child support calculation. This issue is covered by...
Tax Issues For Family Law Attorneys Under Indiana Law when children and child support are involved, the court order must address who receives the tax exemption. The Child Support Guidelines and the statute on this issue conflict as the guidelines require the...
Legislature in a Hurry to Find Solution For Problem that Does Not Exit “In our rushing, bulls in china shops, we break our own lives.” ― Ann Voskamp Indiana's Religious Freedom Restoration Act (RFRA) recently passed in the Indiana State...