Dixon & Moseley | Attorneys At Law

Call For A Consultation: 463-634-8983

  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
    • Criminal Law
    • Appellate Practice
    • General Practice
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online
Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
      • Child Custody
      • Child Support/College Expenses
      • Defense Of Protective Orders
      • Divorce Litigation
      • Grandparent Visitation
      • Guardianships
      • High-Asset Divorces
      • Legal Separation
      • Paternity
      • Pre- And Post-Nuptials
      • Protective Orders
      • Relocation
    • Criminal Law
      • Indiana Criminal Appeals Lawyer
      • Indiana DUI Lawyer
      • Indianapolis Criminal Defense Attorney
      • Indianapolis Drug Crime Attorney
    • Appellate Practice
      • Petition For Rehearing
      • Interlocutory Appeals
      • Divorce Appeals
      • Child Custody Appeals
      • Civil Appeals
      • Petition For Rehearing
    • General Practice
      • Business Law
      • Indiana Civil Litigation Attorney
      • Indiana Civil Statutes Of Limitations
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online

 463-634-8983

The Attorneys at Dixon & Moseley, P.C.

Strong, Trial-Ready Advocates Protecting Your Rights

  1. Home
  2.  | 
  3. Appellate Practice
  4.  | 
  5. Can I Argue For A Change In The Law On Appeal?

Can I Argue For A Change In The Law On Appeal?

On Behalf of Dixon & Moseley, P.C. | Jan 22, 2021 | Appellate Practice, Civil Appeal

The law is slow to change because individuals and businesses make most every decision about current life based on certain legal understandings. For instance, you can obtain a cell phone simply by signing the contract and leave the store with a new service. Most all of us have done it. However, if contract law was not stable across the state, that would not be the case. However, over time, a law may become obsolete and how it is applied may need to be reconsidered. If this is the case and the trial court rejected the argument, can it be raised on appeal? Perhaps. This is the topical coverage of this blog.

There are clear limits on arguing for a change in the law your case was decided under on appeal. For instance, if a parent did not want to pay higher education expenses for his or her child from a divorced family, he or she may argue in the trial court that this is unconstitutional and violates equal protection. This is because married couples are treated differently than divorced couples. Married couples are free to make no contribution to their children’s higher-education. Divorced couples, on the other hand, may be forced to contribute toward higher education expenses by the divorce court, thus drawing an argument this violates equal protection. However, ordinarily a party challenging the constitutionality of a statute on appeal (higher education contribution statutes found in the Divorce and Paternity Acts) must notify the attorney general or be barred from raising this on appeal.

That said, both the Indiana Court of Appeals and Indiana Supreme Court can and will entertain appeals of final orders from Indiana trial courts on claims that the law is outdated, needs extended or vacated, and the result and decision of the trial court reversed. This means that even if you lose at the trial court and the law does not support your success on appeal, you can argue for a good faith extension or change to the law on appeal. If the Court of Appeals agrees or the Indiana Supreme Court takes the case on transfer, you may well be able to win a case you lost in the courts below by a change in the application of the law. This keeps the law responsive to the needs of an ever-evolving state (and country), while at the same time, creating stability in the law allowing you to make decisions based on reasonable certainty the law is clear and can be relied upon. Is this your case?

Dixon & Moseley, P.C. advocates handle appeals of all final orders from all Indiana trial courts from all of Indiana’s ninety-two (92) counties in the Indiana Court of Appeals and Indiana Supreme Court. Perhaps we maybe a wise choice as your appellate advocate. This blog is written by attorneys at Dixon & Moseley, P.C. for general educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

Recent Posts

  • What Makes a Parent Unfit in Indiana? (2026 Guide)
  • Why Is My Child Support Number So Different Than I Expected? (2026 Guide)
  • Can You Appeal a Summary Judgment Order in Indiana? A Guide to Summary Judgment Appeals and De Novo Review (2026)
  • Indiana Civil Appeals: How to Appeal a Civil Judgment in Indiana (2026)
  • Hidden Assets in an Indiana Divorce: What Happens If Your Spouse Is Hiding Money or Property?

Archives

Categories

RSS Feed

Subscribe To This Blog’s Feed

Reach Out Now For A Confidential Consultation

Dixon & Moseley | Attorneys At Law

Office Address

50 East 91st Street
Suite 200
Indianapolis, IN 46240

  Indianapolis Law Office

Phone Number

463-634-8983

  • Follow
  • Follow

© 2026 Dixon & Moseley, P.C. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

Review Us
Pay Online