Revised Post: Another Relocation Form

I found out today that the former link for the PDF was wrong. Fixed that.

I wrote a bit of long post on how to write a relocation petition here but I recently found that Vanderburgh County has posted a form online for relocation petitions. It is in PDF format and can be found here.

The Choices Made Divorce Settlement Agreements

New York Divorce Report reports on a case that probably cannot be duplicated very often in its specific mode - Madoff Loss Jeopardizes Divorce Settlement - but one that can generally happen every day from one degree to another:

To the list of things Bernard L. Madoff has been blamed for ruining — retirements, lives, reputations — add another: a clean breakup.”

The New York Times is reporting that a husband (a lawyer), who, entered into a settlement agreement distributing marital assets, which included an investment in Madoff’s hedge fund, is seeking contribution from his ex wife for the post-divorce losses sustained in the Ponzi scheme.

Rather than splitting an investment in the Madoff hedge fund, the husband gave the wife $2.7 million in cash and held onto the account. Of course, the account is now worthless. The husband wants his ex wife to share in his loss.

Good luck!

Had the wife participated with Madoff in the fraud or had knowledge of the wrong-doing, the husband might have a case. But, the husband simply made an unfortunate choice and, through no fault of the wife, lost his investment.

making a Prenup Valid

Nupp Legal provides online legal forms but the site provides a very good What Makes a Prenuptial Agreement Valid?:

1. The agreement must be in writing and signed. There have been exceptions when some state courts have enforced oral premarital agreements where both parties sufficiently performed the oral agreement to take it out of the statute of frauds.
2. Honesty. There must be a full and complete disclosure of all financial information. A prenuptial agreement may be ruled invalid on the basis of fraud if one person (particularly the wealthier one) deliberately withholds or misstates his or her financial condition. Write an inventory of the valuable assets you and your future spouse wish to maintain as separate property. Each asset should have a legal description, if required. For instance, if you own stock, make sure you have your stock certificate numbers and description of the stock. If you own a home, you will need the legal description, such as the tax/property id number or lot number. You can obtain this from your home loan papers, title insurance documents or deed.
3. The agreement must be "fair" and not leave one of the parties destitute.
4. The prenuptial agreement cannot increase the likelihood of divorce (for example, by providing for a large alimony amount in the event of divorce)
5. The prenuptial agreement cannot limit or waive rights to child support.
6. Generally, a blanket waiver of spousal support (alimony) is acceptable, however, specific spousal support agreements (example: the spouse will receive $3,000 per month in the event of divorce) are more problematic and can be difficult to uphold. A few states such as California, do not allow premarital agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce if the party was unrepresented by independent counsel at the time the agreement was executed or if the provision is unconscionable at the time enforcement is sought. In addition, parties must be represented by counsel if spousal support (alimony) is limited.

In addition, if the modification or elimination of spousal support causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court may require the other party to provide support to the extent necessary to avoid that eligibility, regardless of the prenuptial terms.
7. To avoid the appearance of coercion, the prenuptials should be signed as early before the wedding as possible. A month or two will suffice. Some courts have rendered agreements signed immediately prior to the marriage ceremony invalid for this reason.
8. Avoid making demands that might seem frivolous, such as requiring that your spouse keep their hair cut a certain length, or that he or she dress a certain way. Frivolous demands can lead to the entire agreement being set aside.
9. Both parties must demonstrate they truly know what they are agreeing to. Take additional steps to illustrate the knowledge of each party about the agreement. Place each person's initials on pages with key provisions, such as the provisions of the prenuptial agreement pertaining to disclosures of assets, distribution of property, and support.
10. Avoid "undue influence". Undue influence involves one person taking advantage of a position of power over another person. To prevent the appearance of undue influence, each party should consult with an attorney of their own choosing before signing the prenuptial agreement (neither party should select or pay for the other party's attorney). This will go a long way in reducing claims of "undue influence" in the event a prenuptial is ever challenged. The cost of the attorney consultation should be minimal if your prenuptial agreement is already prepared. Instantly download a valid prenuptial agreement form.
11. The agreement must be executed voluntarily.
12. The agreement must not be unconscionable. Unconscionable is a legal standard used widely in contract law. It refers to contract provisions that are so unreasonable that no reasonable person would willingly agree to them under the circumstances. Unconscionability apples to the time of execution as well as to the time of enforcement.

If you are looking for a lawyer to draft or review a prenuptial agreement, then give me a call at 765-641-7906.

National CASA and American Legion Partner Up

A bit late on noting this news - CASA, American Legion form partnership:

"The CEO of the national organization of Court Appointed Special Advocates met Monday with high ranking members of the American Legion's Child Welfare Foundation in Indianapolis and the foundation's board approved a resolution for a partnership between the two organizations two days later.

Next it will go before the American Legion's full membership in the fall, where it is expected to pass.

This could impact the GAL/CASA office in Indiana, where more than 4,000 Indiana children remain on a waiting list for advocates in cases that involve abuse and neglect. All children in Child in Need of Services, or CHINS, cases must be appointed a GAL/CASA according to state statute, which is likely why so many children are still in need of help."

***

While this resolution formalizes the relationship between the American Legion and National CASA, last year the foundation awarded National CASA a $46,000 grant for outreach efforts, which resulted in the Forgotten Children Campaign.

Many American Legion members are already involved with their local CASA programs to help children, including Frank West of Indiana, a CASA and American Legion member who referred to the waiting list and how important it is that more volunteers participate. He mentioned that in Grant County there are 159 unassigned CASA cases, and 26 volunteers for the CHINS in that county.

He volunteers as a CASA, he said, because the military teaches its members they have a social obligation and it's important to get involved at the local level. He added, "CASA volunteer work is self-rewarding because you can see the child's appreciation when you tell him you are there to represent his best interests, not his parents."

This partnership would further promote CASA efforts by encouraging other American Legion members to participate in their local CASAs, potentially reaching out to more than 14,000 American Legion posts worldwide, or about 2.6 million members, plus their families and friends.

Michael Piraino, chief executive officer of the National CASA Association based in Seattle, said that this partnership is unique due to the number of American Legion members and because they are so spread out around the country.

He is excited about the partnership because the current American Legion volunteers are already doing a good job, and they are easy to train and motivated to help.

For more information about local CASA programs, contact the Indiana CASA program. Information about the American Legion's Child Welfare Foundation is available on the

ir site.

Indiana Prenuptial Agreements - Rounding Up Online Forms

A bit long and one that I would probably have split into two posts for a bit more of an in-depth review. Instead, I have few comments strewn amongst the excerpts.

Indiana Prenuptial (Premarital) Agreement - FindLegalForms.com

A prenuptial agreement is a private agreement between two parties who are intending to marry that sets forth the distribution of assets (and debts) that will occur in the event of the parties’ divorce or death.

Among others, this form includes the following key provisions:

* Separate Property: Identifies the property that is solely that of the individual spouse
* Shared Property: Identifies the property that will be shared between the spouses
* Determination of Type of Property: Declares how other property will be divided amongst the spouses
* Alimony, Support, and Maintenance: Clarifies payments that will be made should the marriage end
* Wills: Describes the wills of the spouses and what provisions will be included
* Additional Clauses: Provides room for the spouses to make additional provisions

This attorney-prepared packet contains:
1. Prenuptial Agreement Information
2. Prenuptial Agreement

That so good but do take a look at their money back guarantee:

Your purchases from FindLegalForms.com are always risk-free. If you are unhappy with your purchase for any reason at all, contact us within 60 days of your purchase and we will refund 100% of your money back.

When will you find out if the prenuptial agreement is going to make you truly unhappy? When the court refuses to uphold it. I doubt that will occur within 60 days of purchase. If 60 days doe snot seem like much time for an evaluation, then consider this guarantee:

Satisfaction Guarantee - USLegalForms.com

If you order a form from U.S. Legal Forms, Inc. and for any reason are not satisfied, simply return the form to us within 24 hours from the time of your order and receive a full refund of the purchase price. If the form was mailed, simply return it within 4 days of receipt of the form and you will receive a full refund, less printing costs. No Hassles!!!!

I think Nupp Legal thought it best to pay a lawyer for this language about its prenuptial agreement forms:

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Which brings me to a question: why are you considering using these forms without an attorney? is it because of the dollars only or is it that you do not realize what a lawyer brings to the table?

About two weeks ago, I had to take the family cars into the shop. It is possible that I could have done most of the work myself but I knew I needed someone who knew more than to turn wrenches. Relying solely on online forms is equating legal work to turning wrenches. The mechanic gives a value beyond just turning wrenches and so do we lawyers.

Terminating Parental Rights: Read New Indiana Supreme Court Case

I seldom write on the subject of terminating parental rights but from what I can see, the subject remains one of interest. High court reverses termination of mom s rights comes from The Indiana Lawyer:

"The majority of Indiana Supreme Court justices ruled in a parental termination case that the evidence presented didn't clearly show a mother's rights to her son should be terminated. One justice dissented because he believes an appellate court should defer to the lower court in assessing the facts of a case."

In the Involuntary Termination of Parent-Child Relationship of G.Y.; R.Y., mother; and G.Y., father v. Indiana Department of Child Services and Child Services, No. 49S02-0902-JV-091, the high court April 24 reversed the termination of R.Y.'s parental rights to her son, G.Y., because the majority believed the termination was clearly erroneous based on the evidence.

From what I see of the searches bringing people here for information on terminating parental rights, they do not understand the process. I strongly urge those seeking to terminate a parent's rights to read this case.

My Apologies

Between work and a virus, I have been a bit behind in my writing for this blog. I hope to be a bit more productive soon.

Good Thoughts About Child Centered Divorce

Think about this one.

Child-Centered Divorce: Learning from the Mistakes of Others

Not surprisingly, the first two years of divorce are the most diffuclt. In some cases it takes an average of three to five years to really "work through" and resolve many of the issues and emotions that come to the surface. For some, the effects of divorce last many additonal years -- or even a lifetime -- if not dealt with appropratiely. Taking steps toward a child-centered divorce can dramatically impact the negative effects of divorce on all members of the family. It will help everyone to move through this time rather than merely letting "time heal all wounds."

Children who may have witnessd a troubled marriage and family life may greatly benefit from observing their parents now working out a reasonable and respectful post-divorce arrangement. This positive and mature behavior will affect a child's adjustment more than any other factor.

Virtual Visitation, Again

From what appears to be from The Toronto Star comes Virtually there

In the real world of divorce, Gough is a pioneer of what’s called “virtual visitation” — electronic communication that is the next best thing to actually being there for non-custodial parents.

“It’s meant to supplement, not replace, face-to-face visits,” says Gough, who turned to technology when his ex-wife decided to move to Wisconsin from Utah with their then four-year-old daughter in the wake of the couple’s 2002 divorce.

In 2004, Utah became the first state to make virtual visitation part of divorce legislation. Similar laws have since been passed in Wisconsin, Florida and Texas.

It’s still a relatively unknown concept in Canada, although Gough hopes to work with fathers’ rights groups to get similar access legislation here.

Thanks to Florida Divorce * Child Custody * Domestic Violence Law Lawyer for giving me the lead on this one.

The Indiana Lawyer Article on Joint Custody

The Indiana Lawyer gives the joint custody issue attention in Custody concerns Lawmakers support measure calling for joint legal custody in paternity actions.

Glad to see the General Assembly acknowledging that paternity cases are changing:

In House Bill 1511, the legislation would create a statutory set of factors for judges to consider in deciding legal custody in paternity actions. State law currently gives only mothers legal custody for children born out of wedlock, and this bill would modernize Indiana law to reflect how many couples choose to live together and plan or have a family without getting married. It mirrors the conditions in Indiana Code § 31-17-2-15 involving child custody actions.

Thanks to Michael Hoskins for the quotes. I was more than a bit surprised that I talked quite that much.

Direct Deposit of Child Support

Not something we can do in Madison County. I understand that Howard County allows for using electronic payments of child support. Some other counties apparently have direct deposit systems in place for non-custodial parents. (well, that is my observation from playing with this site and checking out the jurisdictions available). I think this is a good idea. I always think anything that insures my clients getting their payments to the County Clerk before 4:00 pm is a good thing.

For payments to the custodial parent, I was not aware of any Indiana counties set up to do this until I started working on this post. I learned that Madison County does do this but have no time to check my other counties. However, this may not be as good an idea for the payee as I think it is for the payor. The Georgia Family Law blog published How Support via Direct Deposit Damages Your Mortgage Application After Divorce which finds several problems for payees.