The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
The process of perfecting an appeal, as discussed in previous blog posts, is often a complex one, with numerous rules and time limitations.1 The general trigger to file an appeal is that the order being appealed is a final order.2 There are, however, exceptions to this final order rule. An interlocutory order is an order of the court that is…
Having legal problems can affect many aspects of your life. It may be affecting your family and other relationships, your housing, and your finances. Hiring an attorney is often the best way to advocate for your position. However, attorneys are expensive because of the level of training and skill they have to have to run a successful law practice, and…
The American Judicial System is generally based on the premise that each party pays his or her own attorneys fees unless there is a statute or contract that otherwise rules-in fact, this practice is known as the American Rule. However, there can be instances in lower courts where one party is able to recover attorney fees from the other. For…
The American court system is one filled with deadlines: deadlines for discovery to find out important information to proceed with a case to trial, deadlines for filings of numerous types, and to begin with, deadlines for initiating a lawsuit. There are numerous rules in the court system regarding statutes of limitation and when one can timely file a lawsuit (or…
When a case has begun, there is a level of information gathering that must be done before trial. Oftentimes, it is this information that can lead to the information which will allow for a settlement or agreement between the parties or that is the basis for trial. Either way, this information gathering, called discovery, is an opportunity for the attorneys…
An observation attorneys make is the nature, scope and complexity of facts that arise in child custody modification cases are often as diverse as the controlling statutes and case law. Thus, trial courts have wide latitude to decide these matters; subsequent modifications have a tendency to, or perception of, unsettling the child(ren) and are more difficult to accomplish than the…
One rather complex issue is what evidence a parent has to put on at trial to receive more parenting time. Is this burden different from a physical custody modification since the net result can be deemed a change in how much time a child spends with the non-custodial parent, including more overnights, up to equal time? As advocates with a…
The laws of the state of Indiana give parents a great deal of latitude in the raising of their child(ren). In fact, the United States Constitution contains the fundamental right for biological parents–above others–to raise their children as they see fit: whatever their religion, morals, and values may be1. To third parties and outsiders, this is sometimes very hard to…
advocates sometime observe litigants lose sight of the fact that a divorce, where children are involved, is a complex financial transaction impacting matters ranging from life insurance to unanticipated tax consequences. One significant issue is which parent can deduct the child(ren) on his or her taxes and how often (e.g. every other year, each year?). Until recently, the subject was…
A party to divorce or paternity action is undergoing what is recognized as one of life’s major stressors. This dynamic escalates several fold if the parties do not come to an agreement (or mediation fails) the divorce or paternity action goes to trial. The game has changed a bit. Now, it is no longer a negotiation, it is a battle.…