The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
In Indiana, there is no statute or provision for “alimony”. Whereas in other states, a spouse may receive alimony payments after a divorce or legal separation as a type of allowance for support or to maintain a lifestyle, Indiana does not recognize this. However, there are some limited circumstances where a former spouse may be awarded money due to certain…
When a child is born to a married couple, it may seem ridiculous to ask the question, who is the daddy? But, sometimes, this may not be a ridiculous question after all. Most all divorce petitions and decrees include the names and ages of the children born of the marriage (if under 21), but also include the statement “Wife is…
Recent blogs have addressed the child support calculations, the formula and guidelines for same, and what numbers are used to come to a child support calculation1. A recent case handed down by the Indiana Supreme Court has addressed the issue of which year’s formula to use when interpreting an agreement. This case in the Court of Appeals was discussed in…
Determining appropriate child support is often a key component in many divorce and family law cases. Once it is determined how the parties will share custody of the child(ren), it becomes necessary to look at how the child(ren) will be supported. In Indiana, the Indiana Child Support Rules and Guidelines (herein, Guidelines) provide the framework for determining child support1. Child…
A recently decided case in Indiana addressed an issue often not considered in divorce proceedings, namely, if one or both of the parties (Husband and/or Wife) have co-signed on a loan, is that a debt of the marriage? First, a co-signer is generally not liable until the borrower actually defaults on the loan. This is done as a guarantee to…
Previous blog posts have explored several subparts and nuances of the amended statute on emancipation for purposes of child support1, passed in July, 2012. However, a recent amendment and additional terms have been added to the statute, retroactive to July 1, 2012, which clarify when college expenses can be petitioned for. Recently, the Indiana Court of Appeals addressed a case…
As a general rule, in matters where child custody and child support are at issue, the Court will grant parents joint or sole custody and Order an obligation for child support to be paid. Often, the Indiana Parenting Time Guidelines (IPTG)1 are used as a baseline for determining parenting time for the non-custodial parent. For older children, IPTG parenting time…
In domestic cases, there may be a number of experts that are called upon to testify during a hearing. For example, a doctor may testify about a child’s medical condition, a CPA may testify about the value of a business, or a clinical psychologist may testify about a custody evaluation performed. However, there are limitations to who is an expert…
A recent blog post explored who was the “victim” in cases of unpaid child support, but the means of collection of unpaid child support is another issue that often needs to be addressed in cases of divorce or paternity. Child support amounts are generally ordered by the Court, and take into account the income and expenses of the parties1. Once…
In domestic law and litigation, the majority of decisions and findings are based on what is in the best interests of the child(ren)1. For example, in determining initial custody or whether to modify custody, the best interests of the child are paramount and the state statutes defining the elements/information to be reviewed use the language of “best interests”2. But what…