Paying Child Support in Howard County

The Howard County Clerk now accepts payments online. I know that probably doe snot shock or surprise too many of you. (Hey, my wife keeps complaining that Anderson's utility office does not take

On another page the Howard County clerk gives out its contact information and some important information:

It is very important that the Support office has your correct name, current address and social security number so that we may properly receive child support payments and to properly disburse them to the recipient. You may click on the following link to print out a New Case form: New Case Information Form

Please notify us if you have a change of name and/or address. The authorization for change of name and/or address can be printed out by clicking on the following link: Change of Address Form


If your case is a IV-D case please notify the Prosecutor of Howard County with your new address.
Howard County Prosecutor Office Telephone: (IV-D) 456-2231
Court House Fax: 456-2235
Kokomo, In 46901

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906. Yes, I do take cases in Kokomo.

Co-Parenting - Sounds like a Good Idea to Me

Thanks to Kysa M. Crusco of the New Hampshire Family Law Blog for the following. It has been giving me quite a few ideas and I think I will have more to say. Let me just ask this: would any of the actions suggested in this booklet have helped in your divorce?

(Also thanks to Cigar Law Blog for tipping me off about about Scribd).

Co-Parenting After Divorce

Publish at Scribd or explore others:

Allen County Local Rules: Filing Motions

Once more into Local Rules with motions, those documents that we file with a court to get them to do something. To me this Rule is pretty much self-explanatory but I have added some comments for non-lawyers.

LR02-TR7-706 Motions
(1) It is the responsibility of the party that files a motion to schedule the motion for hearing on the Court’s calendar. If the parties agree that the Court should rule on the motion without a hearing, then the parties shall file a stipulation requesting the Court to rule on the motion without a hearing.

How to set a hearing? Call the court and get dates and times the court is available and then call opposing counsel and then call back the court. If the telephone line has conference calling, then use that and have the court and opposing counsle on the line at the same time.

I would also point out that some counties and some judges do not set motions for a hearing. Some judges cannot fight the temptation of a signature line so they sign off on any motion. Which means where one might have some defense or opposition to a motion that defense is lost.

I think a few points can be made about the following subsection.

(2) If a motion is set for hearing, notice of the hearing shall be given within the time limits provided by Trial Rule 6(D). Any written response to a motion set for hearing shall be filed within the time limits provided in Trial Rule 5(A), unless the hearing is set within ten days or less from the date the motion was filed, in which case the response may be filed at or before the hearing. Any other pending motion or motions may be heard at the same time as the previously scheduled motion, if time permits, and subject to notice of hearing being served on the opposing party or parties pursuant to the provisions of Trial Rule 6 (D).

First, it is not clear who prepares the notice of hearing - the filing party or the court. I think the better practice would be including the time and date for the hearing an Order.

Second, it appears that the folks in Fort Wayne provided for a time to respond to a motion. Why is this important? Let just say that in Madison County it seems to depend on the particular judge and their mood as to whether or not they will request a response to a motion.

About those cross-references to the Indiana Trial Rules, here is the language of the Rules.

In.Tr.R. 6(D):

(D) For motions - Affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not less than five [5] days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court. Such an order may, for cause shown, be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and, except as otherwise provided in Rule 59(D), opposing affidavits may be served not less than one [1] day before the hearing, unless the court permits them to be served at some other time.

In.Tr.R. 5(A):

Rule 5. Service and Filing of Pleading and Other Papers

(A) Service: When Required. Unless otherwise provided by these rules or an order of the court, each party and special judge, if any, shall be served with:

(1) every order required by its terms to be served;

(2) every pleading subsequent to the original complaint;

(3) every written motion except one which may be heard ex parte;

(4) every brief submitted to the trial court;

(5) every paper relating to discovery required to be served upon a party; and

(6) every written notice, appearance, demand, offer of judgment, designation of record on appeal, or similar paper. No service need be made on parties in default for failure to appear, except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided by service of summons in Rule 4.

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906. For Allen County, I will go to Fort Wayne for divorces, custody cases, and grandparent visitation case.

Dealing with Divorce Transition Issues

Ohio Family Law Blog published Did Your Ex-Spouse Take the Easter Baskets? Resurrection After the Crucifixion of Divorce for Easter but I think its advice goes beyond merely Easter (or any other holiday):

1. See a psychologist/therapist to help you with divorce transition issues;
2. Join a divorce support group in your area;
3. Become involved with a church;
4. Join a volunteer organization to help others;
5. Perhaps adopt a pet to love and nurture;
6. Try to smile, laugh and be more pleasant;
7. Simply be kinder to others and less self-absorbed;
8. Do something nice for yourself;
9. Risk sharing your feelings with others; and
10. Commit to a new attitude and starting a new chapter in your life.

While these suggestions aren’t novel or intended for everyone, the objective of this article is to encourage some self-reflection and, hopefully, motivate people paralyzed after divorce to make progress towards personal happiness. It all comes down to making a commitment to yourself to move forward and adopt a new mindset. Dayton Psychologist, Gregory Ramey, describes this as changing the way that you feel by changing the way that you think. Isn’t it about time? May this Easter season be that time in your life-your emotional re-birth! Don’t you deserve it?"

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

Stepfamilies - A Reading List

Collection Development: Stepfamily Ties - 4/1/2009 - Library Journal

Yet a Brady Bunch nation we are not for two reasons: 1) most stepfamilies don't have the luxury of a live-in cleaning lady like Alice, and 2) stepfamily configurations go beyond the classic two adults who are legally married (or cohabitating) to share in parenting children from earlier relationships (and/or share children together). Things get complex with noncustodial stepfamilies, i.e., those with children from multiple relationships, gay and lesbian parents, situations where adults "step" in after the death of a parent (the origin of the term stepparent), and adult stepfamilies (those comprised of people who remarry after their children are grown).

***

This article focuses on resources for building successful stepfamilies and parenting children in stepfamily scenarios. While remarriage after divorce is the basis of most stepfamilies, divorced parenting differs from stepfamily parenting and is covered only peripherally here. (For more in-depth information on parenting and divorce, see Lord's "The Binuclear Family Boom," Collection Development, LJ 9/1/05; for a nuanced treatment of gay parenting, see Lynne Maxwell's "Building Rainbow Families," LJ 4/1/08.)

After drafting this post, I ran across Survival Guide for Step Parents: Five Secrets to Enjoying Your Stepchildren from The Ohio Family Law blog. I think the five points made there are very godo - and I am speaking also as a step-parent.

Coparenting - Check this out

While checking out some new family law blogs, I ran across New Hampshire Family Law Blog. There I ran across Coparenting your children which caught my attention.

One of the most important things that parents in separate households can do for their children is cooperatively co-parent. Successfully co-parenting allows both parents to be involved in a child's day to day life. I recently came across a useful article published by the University of New Hampshire Cooperative Extension titled "Co-parenting after Divorce."

Frankly, this is not a term I have seen before and now I wonder why not. I could not get thee link to the original article working, but that might be fixed now. I suggest you do think about the following:

Additionally, consider the road that you and the other parent do not want to go down. One of the most important aspects of co-parenting is keeping the children out of the middle. The article points out that:

Problems may develop if parents send messages to each other through their children. Problems also arise when a parent talks negatively about the other parent. Children may feel guilty and unsure of their parents’ love when they’re caught in the middle.

If a parent asks about a former spouse, children may report that things are fine, even if they’re not. Or children may say things to make one of the parents feel bad. Again, don’t use your children by putting them in the middle. If you want to know something about your ex-spouse, ask that person yourself.

Explore these behaviors that you and the other parent agree you will both avoid, and work any agreements into the parenting plan as well.

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

Stupid Lawyers

Thanks to Google Alerts I got to read this forum exchange: drafting documents yourself. valid?. My subject line says what I took away from this short exchange.

I have written before on here about using online or computerized legal forms. They area fact of life that lawyers needs to start acknowledging and get our heads out of the sand.

The general public will use online forms because they see a way of saving money. The general public needs educating that with these forms you get what you pay for. If you do not use them correctly, then you have a good shot at paying a whole lot more to get the problems corrected than what you spent to create the problem.

I have no problem if a client uses an online form as a draft that they want me to review and tweak. Here lies their true worth: they get the client thinking about the subject (cohabitation agreements, prenuptial agreements, power of attorney, etc.) and that can be the hardest part in any conversation about the subject (cohabitation agreements, prenuptial agreements, power of attorney, etc.).

So, people, use them but get a lawyer to review what you are doing. Yes, you will save money and maybe even more than you think.

Want to Live Together? Think About It....

The Observer's Look before you leap into financial bed together has some points that apply as well over here as in England:

Young couple worrying over bills

Combining finances can seem like a good idea, but it also has its pitfalls.

Are two heads always better than one? Combining your finances might seem like the perfect way for newlyweds, civil partners or couples in long-term relationships to shinny more swiftly up the financial drainpipe, but dangerous obstacles can damage the prospects of a new duo: a crumbling credit rating, lower pension payouts and liability for bad debts if everything turns sour. So here's our guide to when it pays to join forces - and when it's better to go solo.

Current account

A joint current account to pay all the bills might make sense when tracking your finances, but it's not the most robust protection against ID fraud. "If you both only have one account, you could be cleaned out with no reserves to fall back on," warns Andrew Hagger of the price comparison website Moneynet.com.

***

Life insurance

The monthly premiums for a £250,000 joint policy are usually slightly lower than for two separate £125,000 policies, but other concerns could favour sticking with single life cover, brokers warn.

"If you end up separating at some point, single life cover means you'll still be able to keep your original policy," says Emma Walker of Moneysupermarket.com. A joint policy would have to be abandoned for cover as a newly single person and, if you were old and in failing health, you'd end up paying heavily for new cover.

The same principle applies, says Matt Morris of broker Lifesearch, if either spouse with a joint life policy were to die. "If one of you dies, although a joint policy will pay out more in a lump sum, the surviving spouse will have to take out new life cover; and if it's years after the original policy, it could be more expensive because of your age and health," says Morris.

***

Mortgage

Doubling up on your salary can allow you to borrow much more than would be possible if you were on your own. Although mortgage lenders have moved towards "affordability" for loan assessment, income multiples still have clout. "Apply as a couple and you'll typically now get three times your joint income although, in places, four times is available," says David Hollingworth of broker London & Country.

However, joint mortgages bring hefty legal responsibilities if the relationship runs into the sand, he adds.

"If you have a signature on a joint mortgage, you're jointly and severally liable for the payment: if either of you cannot or will not pay, the lender can come after one or the other of you." 

***

Debts

Love me, love my debts. Any joint credit agreement will leave you without any wriggle room. It's all about joint liability: if you split up and owe money on credit cards, a car loan or personal loans, they'll have to be paid off. Even if your other half defaults on payments and has their name on the bill, each borrower is responsible for - and can be chased for - the debt, including bills for gas and electricity, council tax and the telephone.

A Phrase to Remember: Financial Attrition

I want to credit Minnesota Divorce and Family Law Blog and it s article Financial Attrition for my subject line. I never seen the phrase used this way but am all too well acquainted with the principal:

"Unfortunately, in some instances, the outcome of the dispute is based on something that is not connected to a child's best interests or what is fair and equitable. Instead it is based on financial attrition. That is, on one party having the financial means to pursue the dispute, regardless of the merits of that party's position, while the other party lacks the means to advance their argument. If one party has the funds to hire an attorney to proceed in the dispute (with or without a solid basis on the merits) and the other party does not, the result will not necessarily be proper justice."

I see this as relating directly what I have written about in Two Tier Family Law and Follow up on Attorney Fees and Appointed Counsel and others that can be found in my topical archive under "Attorney Fees".

Let me add another item for your consideration, having to pay the other sides attorney fees.Here is one of several Indiana statutes that allow for shifting of attorney fees

IC 31-15-10-1
Costs and attorney's fees; order for direct payment to attorney
Sec. 1. (a) The court periodically may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under this article and for attorney's fees and mediation services, including amounts for legal services provided and costs incurred before the commencement of the proceedings or after entry of judgment.
(b) The court may order the amount to be paid directly to the attorney, who may enforce the order in the attorney's name.

It is necessary to consider these kind of statutes when advising clients about actions to take during the course of their case. Notice the statute limits these fees to those that are reasonable, but reasonable is in the eye of the beholder.

Add attorney fees to the discussions in posts like Divorce Requires Proper Financial Planning from Alabama Divorce & Family Law Layer Blog or Checklist of Divorce Issues from Alabama Family Law blog.

What this means is that we cannot litigate most cases in the manner we were taught in law school - loads of depositions, unlimited discovery, experts. Those belong to another world. Folks, it takes experience and common sense to know how much to litigate a case as best as possible. It also means that in many cases some points are not made in perfection. Which brings us back to the two (or three0 tier family law system I described elsewhere. Reading The Domino Effect of The Current Economic Crisis from The Georgia Family Law blog shows my concerns are not just local.

Closer to home and taking a broader view is Law - "For the poor, there are simply not enough lawyers to go around" from The Indiana Law Blog.

When your divorce lawyer wants to discuss with you the costs of the divorce, do not think it is self-serving interest that motivates this conversation. We need to know what expectations you have in your case - that is our job. You need to know what it will cost to get what you want. What you should be worried about is not being asked what are your expectations in the case, or being given a rough estimate of what the case will cost you.

I realize that I have used "divorce" throughout this article. Rather than going back and changing all these references, let just say that what I have written applies to all litigation and all sorts of family law cases.

That will need to do until the day comes that we actually look at how our family law system actually works and how it could work better.

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

Mediation - Should It Be Mandatory?

I overheard a conversation today that there is a push to move all family law cases into some form of alternative dispute resolution. I can think of several reasons against this idea starting with cost and continuing through the idea that we pay judges to do this job.

Meanwhile, I learned of a new family law blog, Massachusetts Divorce Law Monitor, and one post stood out: Mediation

In my last post I mentioned the Family Service Office of the Probate Court. That is the department which is tasked with getting litigants to settle their cases. Most cases do settle, which is a good thing as the system would otherwise be totally overwhelmed. It is also a good thing for the parties, as an agreement in which you have had some say is generally better than one which is imposed on you.

Resolution of a divorce or other family law matter without extensive litigation in the court is possible. Mediation is a voluntary process that invites people to come to agreement through informed negotiation with the assistance of a neutral third party. Mediation gives the parties the opportunity to discuss the issues between them (be it division of property, custody of children, alimony, child support or any number of other family law matters), clear up misunderstandings, determine their underlying interests or concerns, find areas of agreement and, ultimately, to reduce their agreement to a written settlement document. Mediation is particularly useful in the divorce and family law arena, as it provides spouses with control at a time when their lives might otherwise feel out of control.

Right now, I am only aware of one county that requires mediation - Marion.

So, what does everyone think of making mediation mandatory?

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

A dream divorce

Being a bit grumpy and cynical today as I re-read My dream divorce (PDF format) which leaves wondering if there is something special about Canadians. Maybe it is just that we have not been as sensible about alternatives down here.

HOW TO HAVE A DREAM DIVORCE

1. "Sit at the kitchen table and talk about what matters most, which for most people is the happiness and stability of the new family structure," says Cate Cochran, author of the new book Reconcilable Differences. "Talk about what you can and can't do. Craft an arrangement that you can live with and never mind what the rest of the world thinks about it."

2. Get good advice on financial issues, which can be very complicated depending on your circumstances.

3. Show some respect. "You can't belittle or degrade the other person," Cochran says. "Don't fight in front of the kids or drag them into disagreements. We all slip and let our anger take hold, but you have to learn to apologize and start over."

4. Create an equitable schedule and division of financial responsibilities. "You have to figure out who's going to pay for things like skating lessons. It's pretty basic stuff. Draw up a list and keep talking to each other. Negotiate. The same goes for a work schedule and time off. We both had long-distance relationships, so we needed weekends off and we had to work around that."

Non Custodial Mothers

First, my thanks to NonCustodial Parent Community blog for the post Noncustodial Moms in Brain,Child Magazine

A long article about noncustodial moms has seen the light of day! I'm thrilled and honored to have been a part of it. Kudos to journalist Katy Read and to Brain,Child magazine for covering this issue. ...

I followed the link and it is a well worth reading by both fathers and mothers. Yes, it is long. Here are the highlights I found most interesting with some comments of my own.

Brain, Child :: The Magazine for Thinking Mothers

The suspicion that people secretly doubt their fitness as parents haunts most noncustodial mothers—even loving, caring, law-abiding mothers who’ve always acted in their children’s best interests.

Their worries are not unfounded. As a society, we don’t quite know what to make of mothers who don’t live with their kids. Whether it’s expressed openly or not, society still tends to assume that the mother is the parent mainly in charge of caring for children, and the one best equipped to do it well, the one to whom most of the responsibility rightly falls. A father pushing his child in a stroller draws charmed smiles—Wow, what a great dad, helping out!—from people who wouldn’t look twice at a woman behind the stroller, just doing her job.

I have written here and told my clients that the greatest problems for fathers getting custody is not a legal prejudice but a cultural prejudice. In the years of my practice, I cannot agree more with the use of gray below:

Even among these ostensibly voluntary arrangements, made privately or informally within families, some situations are actually “a little more gray,” says Geoffrey Greif, a professor at the University of Maryland School of Social Work, who conducted a pioneering study of noncustodial mothers in the 1980s. For example, he says, a woman might say, “I divorced my husband and I need to earn more money and I can’t do that if I have [to pay for] child care. My husband happened to start his career ten years sooner, while I was home taking care of the children. He has more job flexibility; he can pay for a babysitter.” In cases like that, the mothers gave up custody willingly, Greif says, meaning they didn’t fight in court. “But it’s sort of unwilling, based on the roles of men and women in society,” he says. “Men make more than women. He gets to reap the benefit of that.”

As for women unwillingly separated from their children by court order, there, too, is a lot of gray. Their status may mean that they willingly signed over their rights for various reasons, or it may mean they lost the legal battle with their children’s father. When there is a dispute over custody, parents don’t always enter a courtroom on equal footing, financially or otherwise. Some women—especially former stay-at-home mothers who did not have a career or separate finances—can’t afford lawyers and lengthy court fights. Ginna Babcock, an adjunct associate professor at the University of Idaho, who has studied noncustodial parents of both sexes, says many women lose custody “essentially by default.”

***

But society hasn’t fully caught onto the fact that the term “noncustodial mother” no longer suggests, as it once might have, that the child was forcibly removed because of the mother’s inadequacy.

“Clearly that's not the case anymore,” Miller Zimon says, “but there's not been an effort to really change the image of that.”

It might help those who advocate for fathers as custodial parents to work on the cultural prejudice against non-custodial mothers.

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

IC 31-16-2-2

IC 31-16-2-2
Cause of action established
Sec. 2. A cause of action for child support is established.

Prejudgment interest was inappropriate based on the number of years ex-wife acquiesced in ex-husband's failure to pay child support; ex-wife waited nearly ten years from daughter's emancipation to file an action regarding ex-husband's child support arrearage, and ex-husband had not paid child support for a number of years prior to daughter's emancipation. McGuire v. McGuire, App.2008, 880 N.E.2d 297. Child Support 453In loco parentis status by itself is an insufficient basis for imposing a child-support obligation on the stand-in parent. Marriage of Snow v. England, 2007, 862 N.E.2d 664. Child Support 31Child support may be either the subject of a separate action or an application in an action for dissolution of marriage. Bagal v. Bagal, App. 4 Dist.1983, 452 N.E.2d 1070. Child Support 170Though, had a genuine issue as to the paternity of child been raised, superior court might have been without jurisdiction to decide that question in marriage dissolution proceeding, where no such issue was ever raised at trial and pleadings and all evidence established that both divorcing parties considered themselves to be the child's natural parents, the superior court was not without jurisdiction to enter an order for support. Toller v. Toller, App. 1 Dist.1978, 375 N.E.2d 263, 176 Ind.App. 322. Child Support 173I.C. 31-16-2-2, IN ST 31-16-2-2

Coming up: Free Divorce Seminar

Folks, I really want some feedback here. Please.

I have been planning a divorce seminar for the past month. Work has been such that I have not gotten much beyond the planning stage - deciding a theme, looking at a location for the seminar.

Here is the theme: the things you need to know about Indiana divorce law.

I have ideas - well, I always have ideas - but they come from my lawyer's perspective. I would like to hear from those divorce what they wish they had known.

So please feel free to use the comments below or e-mail me and let me know what you think the general public should know about Indiana divorce law.

Thank you.

Newer Blog: Atlanta Divorce Attorney Blog

I ran across Atlanta Divorce Attorney Blog at the end of 2008. Good looking blog with good writing but it does focus very much on Georgia law. I find it interesting to note the similarities and the difference. For example, Adultery’s effect on a divorce case in Georgia shows that adultery has the same effect there as here except we do not have alimony:

Alimony also comes into play in equitable distribution. Generally, equitable distribution results in splitting the marital estate 50/50, unless there is a reason to give one spouse a greater portion of the marital estate. One reason to give one spouse a disproportionate amount of the marital estate is the bad conduct of the other party, which can include adultery. If an adulterous spouse committed egregious adultery in the presence of the other spouse and/or children, this conduct may result in an unequal split of the marital estate. Similarly, if the adulterous spouse spent substantial marital funds on his or her paramour, the other spouse could get a disproportionate amount of the marital estate to make up the difference and even punish the adulterous spouse.

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

Child Custody Texas: Splitting the Kids

I ran across An Unusual Case of Splitting Custody of Siblings at North Texas Family Law Blog. My first thought about the case was that it sounded like one of those horrors every family law attorney has seen once too many times. Hints of parental alienation syndrome also came to mind:

"Although the testimony at trial was conflicting, much of it concerned the mother's state of mind. The court of appeals observed:

The trial court heard evidence that all three children were harmed by their mother's paranoid delusions and by her practice of speaking ill of the father in front of the children. . . . The trial court also heard testimony from [the youngest child's] therapist that [the youngest child] needed to be immediately removed from the continuing allegations that permeated his mother's home."

My Indiana readers may wonder what this has to do with Indiana law. It appears that the Texas appellate courts do as Indiana's appellate courts do in deferring to trial courts on factual issues:

The court of appeals affirmed the trial court's decision that the father should have custody of the youngest child and the mother custody of the older two children:

Based on the evidence before it, the trial court could have reasonably concluded that [the youngest child] would face future emotional danger if he continued to live with his mother and siblings whereas [the older children] would face future emotional danger if they were removed from their mother's care, and that the only way to serve the best interests of all three children was to separate them. Therefore, we conclude that the trial court could have found clear and compelling reasons to separate the children and we overrule [the mother's] first point of error.

Many years ago I had a judge divide the children between their parents. The boys went to father and the girls to their mother. As I recall, the CASA worker made a recommendation against my client. The judge did what he wanted to do. We had were in no position to appeal but I doubt the judge would have been reversed.

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

Tips for Handling Parenting Time

Florida Divorce * Child Custody * Domestic Violence Law Lawyer | Boca Raton » Blog Archive » A Therapist’s Tips to Reduce the Stress of Exchanges and Visitation

A therapist offers mothers her tips for reducing the stress related to exchanges and their child’s visitation with his or her father.

1. Always focus on your child.
2. Make sure the other parent is kept posted on recommendations from school as to services appropriate for your child.
3. Attend a different performance of school events if possible, trade off events or sit far away from the other parent.
4. Ditto for sports events.
5. Be civil at extended family occasions and gatherings - or don’t go.
6. Be accommodating with schedule changes.
7. Treat your ex with respect.
8. Allow communication - but use e-mail for neutrality … and a record.
9. Let your child participate in planning, but don’t put your child in the middle … or on the spot.

I lifted this post whole. Which is not to brag but to emphasize just how good this post is - and that it needs to be taken whole.

With that said, I must also say that I have two annoyances. First, I think these apply to the non-custodial parent except for 2. Second, it is the use of mother instead of custodial parent.

Grandparents and parents may also find them applicable to their exchanges.

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

Where are the Marion County Family Courts?

The Marion County located the courts for divorces and paternity cases downtown in the City-County Building. More specifically:

200 E. Washington St., # T-1221
Indianapolis, IN 46204 [map]

Pho: (317) 327-4747
Fax: (317) 327-3844

Thing is that telephone number is not for a specific court but to the information booth (see the photo below) and there are a bunch of courts. My advice is this if you do not know where you are going: go to the information booth and ask for directions.

You Get Served With A Divorce Petition -What do You do Now?

I want to give a shout out to Massachusetts Divorce and Family Law Blog's What should I do if I am served with “divorce papers?” a shout out for inspiring this post.

First, service does not mean that you are handed the papers themselves. Indiana Trial Rules allow them to be left in a door. By the way, the person filing a divorce is a Petitioner. The person getting the Petition for Dissolution of Marriage is the Respondent.

Second, read what you have in your hand. The documents should include at a minimum:

1. Summons
2. Petition for Dissolution of Marriage
3. Petition for Provisional hearing
4. Notice of Hearing
5. Appearance (even if filing pro se, there must be an Appearance).
   

There may also be a Temporary Restraining Order.

The Notice of Hearing tells you the date, time and place of the provisional hearing. If there are children, the provisional hearing determines temporary custody, child support, and parenting time. Other issues that might be heard at a provisional hearing are temporary maintenance and any restraining orders.

The Summons may say that you 20-23 days to file an Answer. Indiana law does not require an Answer filed for family law matters. For more on this, see my Family Law and Summonses.

What you need to do is to be at the provisional hearing. If you are not there, then the court can - and probably will- do what the opposing party asks.

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

Collaborative Divorce

I mention collaborative law on a fairly often basis. Rochester Family Lawyer wrote what I think is a good outline with the Basics of Collaborative Family Law

"Collaborative divorce in New York uses informal methods of financial disclosure such as voluntary production of financial documents, four-way conferences, negotiation, and where needed, outside professionals, including family counselors, accountants and financial planners.

Collaborative law creates a cooperative atmosphere, unlike the adversarial atmosphere of the courtroom. Unlike mediation and arbitration, Collaborative Law provides the client with trained legal advocates, without the court costs. A New York divorce handled in court is likely to be much more expensive and time consuming than the costs and time involved in collaborative law.

Collaboration represents the middle ground between mediation and full adversarial litigation. In mediation, the parties meet with a neutral mediator who assists the parties to find a compromise. In mediation the parties advocate for themselves, the mediator cannot give any party advice or assist either of the parties in advocating their position."

***

Some General Principals and Guidelines of Collaborative Law:

Negotiation through cooperation rather than adversarial strategies
Practicing law through problem-solving negotiations in which the parties are proactive, seek to understand and to be understood
The parties are responsible for the action and the outcome
The parties develop common ground rather than focus on differences
The parties seek to understand the other person’s interests and concerns, which will lead to creative solutions to problems
The parties seek to resolve issues and concerns with each accepting and supporting the other person’s opinions

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

Madison County Clerk: Where to Pay Child Support

Go to the second floor of the Madison County Government Center, and go down the south hallway and you get to the County Clerk's office.

I wish I could give you something more about the Madison County Clerk, but the county website has little to show for the Clerk's Office. This information comes from the State of Indiana's Madison County page:

16 E. Ninth Street, #213
Anderson, IN 46016 [map]

Pho: (765) 641-9443
Fax: (765) 640-4203

Clerk of Courts
Ludy Watkins

Which leaves me to give you some snapshots I made:

Indiana Case Law: Divorce, Property Division and Judgment Liens

Going back to 1993 for Penix v. Hicks, 618 N.E.2d 1346 (Ind.App. 3 Dist.,1993) wherein the Indiana Court of Appeals decides that a judgment regarding divorce property only creates a judgment lien.

Here are the facts:

On April 22, 1983 the court entered judgment dissolving the marriage of appellant Penix and Charles Hicks. The judgment awarded certain tenancy-by-the-entireties real estate to Charles and awarded to Penix judgment against him for $12,300 with interest thereon until paid at the rate of 12% per annum. This judgment was entered on the judgment docket.

In May 1985, Penix filed a motion seeking a declaration as to whether the money judgment in her favor represented a “secured lien interest” against the real estate of Charles. The court's commissioner determined that it did not and in November 1992 the court issued its order ratifying and approving the commissioner's determination.

618 N.E.2d at 1347. The lien was not a lien under IC 31-1-11.5-15 (what is now IC 31-15-7-8) and so was just a judgment lien. That did not give any special protection to the holder of the judgment.

What to do? Take a look at IC 31-15-7-8 and use it instead of relying on the judgment lien statute. The Penix case points out that use of this statute makes the lien a special lien that gets paid before a judgment lien.

Further, my reading of White v. White, 819 N.E.2d 68, 70 (Ind.App.,2004) (Word format) leads me to the conclusion that this statute applies also to settlements. See page 4 of the slip opinion and especially footnote 2.

I will be discussing IC 31-15-7-8 over the next few days.

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

Indiana Child Support: Proposed Child Support Guideline 7.HEALTH CARE / MEDICAL SUPPORT

I promised the entirety of the proposed guideline for the new Health Care / Medical Support guideline. Pardon the formatting, I had to copy this over from the original PDF format.

The court shall order one or both parents to provide private health care insurance when accessible to the child at a reasonable cost.

AccessabilityAccessibility. Insurance is accessible if it covers the geographic area in which the child lives. The court may consider other relevant factors such as the managed care regions used by Hoosier Healthwise, the accessibility and comprehensiveness of covered services and likely continuation of coverage.

Reasonable cost. The cost of health insurance for child(ren) is considered reasonable, if it does not exceed five percent (5%) of the weekly gross income of the parent obligated to provide medical support. The cost of health insurance for the children is not considered reasonable when it is combined with that party’s share of the total child support obligation (line 6 of the worksheet) and that sum exceeds fifty percent (50%) of the gross income of the parent responsible for providing medical support.

A consideration of the foregoing factors is addressed in the Health Insurance Premium Worksheet, which should be utilized in determining the appropriate adjustments for the children’s health insurance on the Child Support Obligation Worksheet.

Cash medical support. When private health care insurance is not accessible to the children at a reasonable cost, federal law requires the court to order the parties to pay cash medical support. Cash medical support is an amount ordered for medical costs not covered by insurance.

The uninsured medical expense apportionment calculation on the Child Support Obligation Worksheet, “the 6% rule,” satisfies this federal requirement for a cash medical support order, when incorporated into the court order.

Explanation of 6% rule/uninsured health care expenses. The data upon which the Guideline schedules are based include a component for ordinary health care expenses.

Ordinary uninsured health care expenses are paid by the parent who is assigned to pay the controlled expenses (the parent for whom the parenting time credit is not calculated) up to six percent (6%) of the basic child support obligation (Line 4 of the child support obligation worksheet.) Extraordinary health care expenses are those uninsured expenses which are in excess of six percent (6%) of the basic obligation, and would include uninsured expenses for chronic or long term conditions of a child. Calculation of the apportionment of the health care expense obligation is a matter separate from the determination of the weekly child support obligation. These calculations shall be inserted in the space provided on the Worksheet.

Birth expense. The Court may order the father to pay a percentage of the reasonable and necessary expenses of the mother’s pregnancy and childbirth, as part of the Court’s decree in child support actions. The costs to be included in apportionment are pre-natal care; delivery; hospitalization; and post-natal care. The paternity statutes require the father to pay at least 50% of the mother’s pregnancy and childbirth expenses.

Commentary

Health insurance premiums.
The court is federally mandated to order accessible health care insurance if the cost is at or below 5% of the weekly gross income of a parent as indicated in the child support obligation worksheet. If above 5% of weekly gross income, the court has discretion to require the health insurance premium be paid by a parent if the court indicates the reason for the deviation.

The court is federally mandated to order accessible health care insurance if the cost is at or below 5% of the weekly gross income of a parent as indicated in the child support obligation worksheet. If above 5% of weekly gross income, the court has discretion to require the health insurance premium be paid by a parent if the court indicates the reason for the deviation.

Health insurance coverage should normally be provided by the parent who can obtain the most comprehensive coverage at the least cost. If a separate policy of insurance is purchased for the children, determining the weekly cost should be no problem, but in the most common situation coverage for the child(ren) will occur through an employer group plan. If the employer pays the entire cost of coverage, no addition to the basic obligation will occur. If there is an employee cost, it will be necessary for the parent to contact his or her employer or insurance provider to obtain appropriate documentation of the parent's cost for the child(ren)'s coverage.

At low income levels, giving the noncustodial parent credit for payment of the health insurance premium may reduce support to an unreasonably low amount. In such instance the Court may, in the exercise of its discretion, deny or reduce the credit.

A number of different circumstances may exist in providing health insurance coverage, such as a situation in which a subsequent spouse or child(ren) are covered at no additional cost to the parent who is paying for the coverage. The treatment of these situations rests in the sound discretion of the court, including such options as prorating the cost.

There may be situations where neither parent has the opportunity or ability to afford health insurance. Where one or both parents have a history of changing jobs and/or health insurance providers both parents may be ordered to carry health insurance when it becomes available at reasonable cost to the parent. Where one parent has a history of maintaining consistent insurance coverage for the children, there is no need to order both parents to provide health insurance for the children. The court may order both parents to provide health insurance and in those cases both parents should have the cost of the children’s portion of the health insurance premium included in the calculation of the support order. In such cases both parents receive a credit.

Apportionment of Uninsured Health Care Expenses. Six percent (6%) of the support amount is for health care. The non-custodial parent is, in effect, prepaying health care expenses every time a support payment is made. Consequently, the Guidelines require that custodial parent bear the cost of uninsured health care expenses up to six percent (6%) of the basic child support obligation found on Line 4 of the child support obligation worksheet and, if applicable, the child support obligation attributable to a student living away from home (Section Two Line I of the post-secondary education worksheet).

That computation is made by multiplying the total of Line 4 and Line I by 52 (weeks) and multiplying the product of that multiplication by .06 to arrive at the amount the custodial parent must spend on the uninsured health care costs of the parties' child(ren) in any calendar year before the non-custodial parent is required to contribute toward payment of those uninsured costs. For example, if line 4 is $150.00 per week and Line I is $25.00 per week, the calculation would be as follows: $150.00 +
$25.00 = $175.00 x 52 = $9,100.00 x .06 = $546.00.

Thus, on an annual basis, the custodial parent is required to spend $546.00 for health care of the child(ren) before the non-custodial parent is required to contribute. The custodial parent must document the $546.00 spent on health care and provide the documentation to the noncustodial parent.

After the custodial parent's obligation for ordinary uninsured health care expenses is computed, provision should be made for the uninsured health care expenses that may exceed that amount. The excess costs should be apportioned between the parties according to the Percentage Share of Income computed on Line 2 of the worksheet. Where imposing such percentage share of the uninsured costs may work an injustice, the court may resort to the time-honored practice of splitting uninsured health care costs equally, or by using other methods. The court may prorate the custodial parent’s uninsured health care expense contribution when appropriate.

As a practical matter, it may be wise to spell out with specificity in the order what uninsured expenses are covered and a schedule for the periodic payment of these expenses. For example, a chronic long-term condition might necessitate weekly payments of the uninsured expense. The order may include any reasonable medical, dental, hospital, pharmaceutical and psychological expenses deemed necessary
for the health care of the child(ren). If it is intended that such things as aspirin, vitamins and band-aids be covered, the order should specifically state that such non-prescription health care items are covered.

There are also situations where major health care costs are incurred for a single event such as orthodontics or major injuries. For financial reasons, this may require the custodial parent to pay the provider for the amount not covered by insurance over a number of years. The 6% rule applies to expenses actually paid by the custodial parent each year.

Birth expenses. There is no statute of limitations barring recovery of birthing expenses, providing the paternity, Title IV-D or child support action is timely filed. The court should be very careful to insure the claimed expenses are both reasonable and necessary. Birthing expenses include both the expenses incurred by the child as well as by the mother, providing they are directly related to the child’s birth. The court should distinguish between “postpartum expenses” and “postnatal expenses.” “Postpartum” expenses are mother’s expenses following the birth of the child. “Postnatal” expenses of the child are those expenses directly related to the child’s birth. Between the two, only “postnatal” expenses are reimbursable.

Visiting Howard County Superior Court 1

Last week, I had a hearing in Kokomo. The opposing counsel made an offer that could not be refused and so I do not have anything great to report on my trip. I did, however, take along my new digital camera.

I have to say that for a courthouse of limited size, the Howard County Courthouse makes good use of its space. I make that comment not an architectural critic but viewing the space as a place for work. In their older Superior Court courtrooms, the counsel benches were not side by side but one in front of another. I know that sounds strange. Next time I am in Kokomo, I will get a photo of that courtroom. Meanwhile this is Howard Superior Court1:

Now on Twitter

I took the Twitter plunge this past Friday. If you want to add me, I am http://twitter.com/schasler

Tips To Help Your Divorce From Becoming An Obsession : Alaska Divorce Blog

1. The overall message is to try to maintain balance in your life.

2. If you own your own business or professional practice or you are employed, your work-day will probably give you a chance to get away from thinking about your divorce. Use that opportunity. Schedule appointments with your attorney at a time, which is the least disruptive to your work schedule. Keep the divorce out of the work-place.

3. If you have been a stay-at-home spouse, now is the time to establish a daily schedule for yourself. The schedule should not allow you to spend more than one hour per day discussing or dealing with your divorce, except, of course, when more time is absolutely necessary (i.e. attending a court hearing). Stick to your schedule.

4. If you and your spouse are communicating, keep the telephone calls, text messages and emails short. Do not discuss your case with your spouse. The emotional turmoil, which results from discussing the case with your spouse, usually increases your legal costs if you feel compelled to call your attorney about the discussion.

5. Exercise daily, limit your alcohol intake and get as much rest as possible.

6. Distract yourself with positive people and activities. Find a new hobby, go out with friends, watch upbeat movies or do anything else you love.

7. Take up meditation or yoga to free your mind, body and spirit.

8. Get professional counseling if you need it.

For more insight on this topic, visit the family law blog of New York attorney Daniel Clements. Daniel’s October 2, 2008 post is titled “6 Tips To Prevent Divorce From Becoming All Consuming.” These tips come from the Modern Women’s Divorce Guide.

Indiana's Child Support Guidelines Up For Review

Do not like the current Child Support Guidelines? Then pay attention - they are up for review this year: Review of Indiana's Child Support Guidelines.

"The Domestic Relations Committee of the Judicial Conference of Indiana has reviewed Indiana’s Child Support Rules and Guidelines and will propose changes to the Supreme Court of Indiana. The Committee is interested in receiving comments concerning revisions to these guidelines by May 13, 2009. Judge William C. Fee, Steuben Superior Court, chairs the committee."

The page has PDF files of the documents being changed and the proposals:

Proposed Child Support Rules & Guidelines
Guide to the Child Support Guidelines Proposed Amendments
Proposed Child Support Obligation Worksheet
Proposed New Health Insurance Premium Worksheet
Proposed Guideline Schedules for Weekly Support Payments

Reading Guide to the Child Support Guidelines Proposed Amendments, I see these changes as important but being of a benefit to all of us:

p. 7 This first sentence indicates the guideline schedules provide all child support amounts under the guidelines.

The $25.00 - $50.00 minimum child support order language was removed and the
guideline indicates the need for careful scrutiny when amounts are ordered at extremely low income levels. A consideration of a $12.00 minimum support order is included. In addition, the guideline indicates a child support order should always be entered, even if it is $0.00. Guideline 2

***

Commentary

p. 7 Minimum support. Minimal income child support orders discussed – commentary language expanded for a parent with a high parenting time credit, mental illness, disabled child, an incarcerated parent, or natural disaster. A court should not automatically use minimum wage. Guideline 2, Commentary

p.7 If paternity was established and the parents live together with the child, a $0.00 may be entered as a deviation. Guideline 2, Commentary

***

p. 8 Income in Excess of the Guideline Schedule. There is no longer any amount of child support in excess of the guideline schedule, therefore this language has been removed. The child support guideline schedule provides for child support at all income levels. It also provides support levels for up to 8 children. Guideline 2, Commentary

***

p. 9 Definition of Weekly Gross Income. Added a specific reference to Social Security disability benefits paid for the benefit of the child to the definition of Weekly Gross Income. This would be included in the disabled parent’s income along with a credit. Guideline 3, A. 1.

p. 9 Clarified social security survivor benefit income of the child should not be attributed to a parent.

p. 9 Unemployed, Underemployed and Potential Income. Added language indicating a court must find a parent voluntarily unemployed or underemployed; guidance added for when use of minimum wage. Guideline 3, A. 3.

p. 9 Natural and Adopted Children Living in the Household. Revises language to permit an adjustment to income by the parent, if the parent is actually meeting or paying the support obligation for natural or legally adopted children subsequent to the existing support order, even if those children are not in the household. Guideline 3, A. 4.

***

p. 19 This change recognizes that application of the parenting time credit may result in child support being paid from a custodial to a noncustodial parent when there is a disparity in incomes. See Grant v. Hagar, 868 N.E.2d 801 (Ind. 2007).

***

pgs. This new section was added to give guidance to both custodial and noncustodial parents 21-22 on the distribution of disability and retirement social security benefits to a child. Language on treatment of the benefits for Title IV-D purposes is also included. In addition, this section addresses the distribution of a credit for the lump payment of retroactive social security disability benefits. Brown v. Brown, 849 N.E.2d 610 (Ind. 2006) addressed. Guideline 3. G. 5.

Now for the bad news, New Guideline 7 – Health Care / Medical Support

pgs. The new Guideline 7 is based on federal law which requires health care insurance for the 31-34 child when it is accessible at a reasonable cost. This new guideline incorporates almost all portions of health care expense discussion from Guideline 3.E. and 3.H. into one easy to use place for reference purposes. The treatment of the 6% uninsured health care expense component of basic child support obligation remains in this guideline.

Three new paragraphs based on a new federal medical child support requirements are included here. See Child Support Enforcement Program; Medical Support, 73 Fed. Reg. 140, 42416-42442 (July 21, 2008). These rules require child support guidelines address parental provision of health care needs through health insurance and/or cash medical support. Cash medical support is reasonable if it does not exceed 5% of the weekly gross income of the parent obligated to provide the child support. It must be calculated in
every case. A new worksheet is provided for a determination under this new guideline. The commentary to this guideline includes (1) information on the new requirement of health care insurance, (2) when courts may consider ordering either or both parents to provide health insurance for the child or children, (3) unchanged commentary about the 6% rule except for a new sentence about documentation and prorating these costs, and (4) new commentary on allocation of birth expenses. Guideline 7, and Commentary

The actual rule - as proposed - has this language which I think alleviates the problem I see with requiring health insurance:

Reasonable cost. The cost of health insurance for child(ren) is considered reasonable, if it does ot exceed five percent (5%) of the weekly gross income of the parent obligated to provide medical upport. The cost of health insurance for the children is not considered reasonable when it is combined with that party’s share of the total child support obligation (line 6 of the worksheet) and that sum exceeds ifty percent (50%) of the gross income of the parent responsible for providing medical support.

I will post all of this proposed Rule tomorrow.

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

New Indiana Child Support Case: Retirement Income (Saalfrank v. Saalfrank)

Dipping into Saalfrank v. Saalfrank (PDF format) once again, this time about whether mandatory contributions to a retirement accounts must be included in child support calculations.

Thus, we conclude that, in determining whether to exclude retirement contributions, in whole or in part, for purposes of calculating a child support obligation, the trial court should consider:

(1) a parent‘s control of whether or in what amount a retirement
contribution is made;

(2) the parents‘ established course of conduct in retirement planning (prior to and after the dissolution);

(3) the amount of the contribution (from nominal to a large amount that
could suggest the inappropriate sheltering of income);

(4) whether and to what extent there are incentives for the contribution;

(5) whether the contribution qualifies for favorable tax treatment;

(6) whether continuing the contribution, in whole or in part, would
otherwise reduce the amount that a child in the intact home could
expect to receive; and

(7) any other relevant evidence.

Opinion at 14 -15.

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

Child Support and The Recession

Thanks to Massachusetts Divorce & Family Law Blog for his Recession, Pink Slips, and Child Support and the link to The New York Times' Fighting Over Child Support After the Pink Slip Arrives.

if you are paying child support and lose your job, get yourself to court and get the child support modified.

You doubt the wisdom of this? Take a look at 14 Kids and Not paying Support.

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

Prenuptial Agreements, Post-Nuptial Agreements and Estate Planning

Some good sense and good advice from The Wall Street Journal on using post-nuptial and prenuptial agreements as estate planning tools.

The Right Steps

A lack of frankness can have dire consequences -- ranging from the litigious (children from a first marriage sue for a portion of the estate) to the emotional (the estate sows division among family members) to the practical (the estate doesn't provide for a partner or child as intended). Estate planners say it's essential for heads of blended families to communicate openly and honestly about each spouse's priorities. A trusted financial adviser or other counselor may help facilitate those conversations.

***

Prenuptial agreements often are criticized for fostering mistrust and paranoia between couples. But for parents entering a second or third marriage, a prenup can be an efficient way to specify which assets are considered marital property and which are not -- thus offering a way to protect the rights of each spouse's existing children.

***

Couples who already have blended their families might consider establishing a postnuptial agreement, which can cover much of the same ground. "Some retirement plans require a spouse's consent in order to give the plan's assets to anyone but that spouse," adds Mr. Chasen. "A postnuptial agreement is a great place to provide that consent in a manner that is legally enforceable."

In either situation, each party should hire an attorney to represent his or her interests, and to ensure that the agreement will be enforceable in the case of divorce or death. "All a pre- or postnuptial agreement means in this situation is that you want to make sure your children from a prior marriage are protected," says Mr. Chasen. "It absolutely does not mean you distrust your spouse."

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

Contempt and Collecting Child Support in Indiana

First, it is clear that indirect contempt proceedings may be used to enforce child support obligations. See Marks v. Tolliver, 839 N.E.2d 703, 706 (Ind. Ct. App. 2005). Indirect contempt is something that happens outside of the court and direct is what happens in the presence of the court.

Due process applies to contempt. That means there has to be notice and a hearing before imposing any penalty. See In re Paternity of J.T.I., 875 N.E.2d 447, 450 (Ind. Ct. App. 2007).

Indiana Code Section 34-47-3-5 incorporates these due process protections. No rule to show cause complying with this statute means a court generally cannot hold a person in indirect contempt.

So what are the exceptions to strict compliance? Yes. If it is clear the alleged contemnor nevertheless had clear notice of the accusations against him or her, this acts as an exception. See In re Paternity of J.T.I. In J.T.I the Court of Appeals gives the example of person having a copy of an original contempt information that contained detailed factual allegations, or of a person appearing at the contempt hearing and admitting to the factual basis for a contempt finding.

Here is something I think some courts overlook: a court cannot hold a parent in contempt for failing to pay child support unless the parent had the ability to pay and the failure to do so was willful. See Marks, 839 N.E.2d at 706. If the courts do not overlook this requirement, I think they do not take a liberal view of one's inability to pay.

Remember the ultimate penalty for contempt is incarceration. Several rules apply before one can be incarcerated:

1. A person must be first be advised of their constitutional right to counsel. Marks, 839 N.E.2d at 706.
   
2. If a person is indigent and in jeopardy of incarceration because of a contempt proceeding and that person is indigent, the court must appoint counsel. Marks, 839 N.E.2d at 706.
3. A jail sentence for civil contempt must be coercive or remedial rather than punitive in nature. K.L.N. v. State, 881 N.E.2d 39, 42 (Ind. Ct. App. 2008). Which means a contempt order must offer an opportunity for the recalcitrant party to purge himself or herself of the contempt by being given an opportunity to paying the amount owed. Marks, 839 N.E.2d at 707.
   
4. Incarceration for contempt is legally allowable only where the support order upon which release is conditioned is attainable by the obligor.
   

In Marks, the court of Appeals made this observations about the trial court's Order regarding point 4:

Here, the trial court has fashioned an order that provides for prospective incarceration upon omission of any future child support installment without inquiry into the obligor’s ability to pay. In essence, the order presumes willful non-compliance. This contravenes our
Supreme Court’s directive in Pettit. As such, it must be reversed.

Marks relied upon Branum v. State, 829 N.E.2d 622 (2005) which has this to say on the subject of conditions for release:

Branum next contends that the trial court erred when it did not condition his release from jail on compliance with the child support order. The State maintains that the lack of such a provision is not grounds for reversal...

...The trial court did not include an express provision whereby Branum’s release was conditioned upon his compliance with the child support order....

This and IC 34-47-4-2(b)(2(B) explain why the courts have taken to tacking on what is called a bond for release on a contempt order. However, it is not actually a bond as in a criminal case and so nothing a bondsman can help with.

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

Indiana Paternity, Visitation and Religion

Let us go back to 2004 and Matter of Paternity A.G.R wherein the mother requested and got restrictions on on father's visitation based on the mother's right to control the child's religous upbringing.

IC 31-14-14-1 provides that a non-custodial parent is entitled to reasonable parenting time unless the court finds, after a hearing, that parenting time might endanger the child's physical health and well-being or significantly impair the child's emotional development. However, Father has not been denied parenting time with A.G.R. Rather, he has been ordered to avoid activities that conflict with A.G.R.'s religious beliefs. The custodial parent enjoys the right to determine the religious training of his or her minor children. In re Paternity of K.R.H., 784 N.E.2d 985, 993 (Ind.Ct.App.2003); Overman v. Overman, 497 N.E.2d 618, 619 (Ind.Ct.App.1986), trans. denied (1987). A non-custodial parent may not impose that parent's own religious views on the child, and the custodial parent's right to choose religious training is paramount so long as the training does not unreasonably interfere with the non-custodial parent's right to parenting time. Periquet-Febres v. Febres, 659 N.E.2d 602, 606 (Ind.Ct.App.1995), trans. denied (1996); Johnson v. Nation, 615 N.E.2d 141, 145-46 (Ind.Ct.App.1993); Overman, 497 N.E.2d at 619. For instance, as long as the interference is reasonable, the non-custodial parent can be required to transport the child to religious events. Periquet-Febres, 659 N.E.2d at 606. However, when such interferences are unreasonable or when the custodial parent is using religion to interfere with the noncustodial parent's parenting time, the court will not alter the parenting time schedule. Id. We have explained that the custodial parent's right to determine the child's religious training can be limited only upon motion of the non-custodial parent demonstrating that the child's physical health or emotional development would be significantly impaired unless the custodial parent's rights were limited. Overman, 497 N.E.2d at 619..,

I added the emphases above to show the rules applied by the Court of Appeals. Pay attention to how the court sets out the custodial parent's rights and also the limits on those rights.

I think there is a contradiction in this sentence that requires removing the "not" "[h]owever, when such interferences are unreasonable or when the custodial parent is using rel[gion to interfere with the noncustodial parent's parenting time, the court will not alter the parenting time schedule."

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.