Articles Tagged with Gary divorce lawyer

The Indiana Court of Appeals has affirmed a lower court decision in Laesch v. Laesch, finding a husband must:

  • Pay interest on his monthly payments to his wife, because he did not pay each in a lump sum;
  • Be held in contempt for failure to obtain a life insurance policy naming his ex-spouse as the sole irrevocable beneficiary;
  • Pay for her attorney fees in taking the matter to court. 

The outcome has proven costly for the husband, and it illustrates the importance of ensuring you fully understand your obligations under each provision of the original Indiana divorce agreement. Failure to abide by any part of it could prove an expensive mistake.  Continue reading

Spousal support, once a critical aspect of any divorce case, has waned in recent years as both spouses often work outside the home and contribute somewhat equally to the financial stability of the household. Where husbands once were always required to pay spousal support – and often for many years after the divorce – it’s not so common these days. When it is approved, it’s often for a finite period of time. 

Indiana Code 31-15-7-2 specifies the circumstances under which spousal support can be awarded in Indiana. Most often, spousal support is awarded during the provisional period of the divorce, which is after the filing for divorce but prior to its finalization. However, it may also be awarded when:

One spouse lacks sufficient property to meet his or her needs and/or the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forego employment. The court will consider the educational level of each spouse, whether family responsibilities resulted in an interruption in education/training or employment, the earning capacity of each spouse, and the time and expense needed for the lesser-earning spouse to acquire sufficient education or training. Continue reading

A man in Iowa at first thought it was a joke when a letter arrived from the state ordering him to pay child support for a 1-year-old born to a woman he hadn’t seen in 17 years. 

But it was no laughing matter.

The case came about because, as The Daily Mail reported, the man was still legally married to that woman, his long-estranged wife. The pair had never formally divorced. In Iowa – just like in Indiana – a woman’s husband is the presumed father if:

  • He and his wife were married when the child was born;
  • The child is born no later than 300 days after the marriage ends.

Continue reading

A survivor benefit plan of a military pension should be included in the “marital pot” when considering what should be calculated as an “asset” in an Indiana divorce.

That was the ruling handed down by the Indiana Court of Appeals in the recent case of In Re: the Marriage of Carr v. Carr.

This was a couple who had been married for 16 years and had two children together when the husband sought a divorce. For 14 years before the pair were married, husband had worked in the military, and his service continued while the pair were together. Prior to their marriage, the husband had begun building up his pension. During the marriage, that pension grew. He’d also earned a pension prior to the marriage from a private company. Continue reading

Spousal maintenance – also sometimes referred to as alimony – is awarded in Indiana divorces under certain circumstances.

Typically, this is offered when one spouse earns significantly more than the other. Usually, this type of support is temporary, though a judge may determine it should be indefinite if the lesser earning spouse is disabled or unable to return to work for other reasons.

Whether spousal maintenance is permanent or temporary, parties may request modification or even termination when there is a material change in circumstance, such as remarriage. However, the 1994 Indiana Court of Appeals case of Roberts v. Roberts was clear in establishing the fact that spousal maintenance is not automatically terminated upon remarriage. There still needs to be proof presented by the moving party that the marriage means a significant change in the former spouse’s ability to support himself or herself.

This issue was weighed against recently by the Indiana Supreme Court in Gertiser v. Gertiser. Continue reading

The business of dividing property, deciding child custody and support payments and parsing out details of a decades-old prenuptial agreement can be messy. When two people have built a life together, it can be difficult trying to untangle all the strings as fairly and painlessly as possible.

The case of Carmer v. Carmer, recently before the Indiana Court of Appeals, is one such example. This was a case in which a couple married for more than 20 years was separating after purchasing two homes together, having three children and in the midst of preparing to adopt two more. There was a premarital agreement on the table, but there was dispute about how it should be interpreted. There was also contention as to whether husband’s monthly annuities – received as compensation stemming from a personal injury lawsuit – should be factored into the child support schedule.

Just as every marriage is different, so too is every divorce and every divorce agreement. It’s imperative throughout the process to have an experienced divorce attorney advocating on your behalf and for the best interests of your children. Continue reading

When the adultery-promoting website Ashley Madison was hacked last month, the personal account information of millions of current and former site users was released. According to the Indy Star, it appears a number of email domains listed on the spouse-cheating site were .gov domains linked to city accounts in Indiana, Carmel and Greenwood, as well as to the Indiana State Police and the Indiana Department of Correction.

Officials were careful to caution that the appearance of those emails doesn’t necessarily mean anyone signed up for the service using their work email, but an investigation was being launched nonetheless. It’s not so much a moral issue, they say, as a potential violation of government email use policy.

But whether having an account tied to the site that encourages affairs causes workers trouble with their employer, it may not have a direct effect on one’s divorce. That’s because Indiana is a no-fault state when it comes to divorce. Continue reading