The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
As summer break is upon us and families begin to plan trips and vacations for the summer, the issue of dividing and determining summer parenting time becomes an issue for many. In this blog, we will explore 3 tips to make these issues run a little smoother, and hopefully make summer break an enjoyable time for all. 1. Share the…
A recent USA Today article focused on the resurgence in marriage after its decline during the economic recession.1 The article reported that there was a 5% decline in marriage rates during the recent recession, coupled with cultural changes about whether and when to marry, with two-thirds (2/3) of first marriages are being proceeded with cohabitation (living together), the projections in…
There are two general types of adoptions of a minor child. The new family adoption, and the step-parent adoption. First, the new family adoption, which terminates both the Mother and Father’s parental rights, and the new family (new mother and father) acquire the same parental rights as the biological parents once had.1 The second type of adoption is commonly known…
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…
Many previous blogs have examined the child custody and support aspects of family law and divorce, as these issues are often paramount in domestic proceedings. However, property division and valuing property for division are also contentious and important issues in most divorce proceedings. Indiana statutes provide for equal division of assets and liabilities in a divorce.1 This presumption of equal…
In domestic law cases, whether it is a pending divorce, a child custody case, or child support modification, many litigants are anxious to find out how the judge will rule. Oftentimes there is a lot of information presented by way of exhibits and testimony at a hearing. Sometimes, hearings can be just a few hours, and other times hearings will…
When child custody is at issue, or during a guardianship or defacto case, the physical and mental health of the parties is often of the upmost importance. Understanding the party’s ability to properly care for a child and act in the best interests of a child is an important determination in family law. But, how does a party determine the…
When custody and parenting time have been determined in a divorce or paternity action, a parenting time schedule is often put into place. Generally, a standard parenting time schedule when one parent has been granted primary or sole physical custody of a child over the age of three (3) is that the non-custodial parent will receive a midweek visitation (this…
Child support payments can be modified throughout a course of litigation, either due to a change in circumstances of the parties1, children becoming emancipated2, or a change in child custody3, to name a few. Often if there is a change in child support, there is a potential overpayment of child support. In some cases, this overpayment may be reimbursed. In…
In Indiana, trial courts follow the “one marital pot” theory to determine what is marital property and how to divide that property upon divorce. The “marital pot” theory means that all assets and liabilities, owned by either Husband or Wife BEFORE and during the marriage, no matter how the property is titled, is jointly owned by the husband and wife…