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  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Supreme Court can and will entertain appeals of final orders from Indiana trial courts on claims that the law is outdated, needs extended or vacated, and the result and decision of the trial court reversed.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.

What Counts as Marital Property in Indiana?

On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

Parenting Time vs. Custody in Indiana: What Parents Confuse Most

On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

Can Custody Be Modified in Indiana? What Must Change

On Behalf of Dixon & Moseley, P.C. | Apr 9, 2026 | Uncategorized

Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

Is Indiana a 50/50 Divorce State? What the Law Really Says

On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

Step-Parent Adoption: How It Works in Indiana

On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

How Divorce Works in Indiana: Step by Step (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

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Recent Posts

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  • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
  • Failure to Object: When Is an Issue Waived?

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