By Kristen Halliden
Some people are under the misconception that the State of Indiana does not allow maintenance (formerly known as alimony) between divorcing spouses. That is not actually accurate. The State of Indiana, under IC 31-15-7-2, allows a Court to order one spouse to pay maintenance to another spouse if one of three conditions is met: 1) The party who is to receive maintenance is physically or mentally incapacitated; 2) if the party who is to receive maintenance is caring for a disabled child and does not have sufficient property to provide for his/her needs; or 3) a party may receive what is referred to as “rehabilitative maintenance.” Rehabilitative maintenance cannot exceed a period of three (3) years and is for the sole purpose of allowing the spouse who receives it to seek additional education which would help that spouse to obtain appropriate employment.
That being said, parties to a divorce often enter into an agreement for maintenance payments for a variety of reasons – whether it is a disguised property settlement or because of a guilty conscience. Parties who include a maintenance provision in their settlement agreement should be aware that there are tax consequences to both parties. The party paying maintenance deducts the maintenance on their tax returns and the party receiving the maintenance must claim the income on their tax returns. When considering maintenance provisions in a settlement agreement, both parties should seek the advice of accountants for tax planning purposes.
Parties should also be aware that as a general rule, maintenance provisions are not modifiable unless one party can show a substantial and continuing change of circumstances such that enforcement of the current order would be unreasonable. However, a Court cannot modify a maintenance order that was entered into between the parties if the Court could not have ordered maintenance in the first place. That is, if the parties decided to structure a property settlement and the paying party later reneges, the Court would not be able to later modify the award. This is because the Court would not have been able to order the maintenance award in the first place as an award of property does not fall within one of the exceptions of I.C. 31-15-7-2.
So while the State of Indiana does allow maintenance (or spousal support or alimony) it does not make it easy to get it.
Tuesday, August 31, 2010
Monday, August 30, 2010
Indiana’s Supreme Court selection process in a nutshell
By Chris Simpkins
With the retirement of Supreme Court Justice Theodore R. Boehm, Governor Mitch Daniels is required to appoint the next justice to Indiana’s highest court. However, many people are unfamiliar with how the selection process works in Indiana, which is not surprising since it is remarkably different than our federal counterpart. The following provides a rough outline of how our system works in Indiana.
Under Indiana’s Constitution and state statute, a seven-member Judicial Nominating Commission is responsible for submitting a list of three qualified individuals to the Governor. The Governor is required to make his final selection to fill the Court’s vacancy from the Commission’s list. The Commission is chaired by the Chief Justice of the Indiana Supreme Court, Randall T. Shepard, and includes three attorneys, who are selected from across the state, and three non-attorneys, who are appointed by the Governor. Currently, the commission is composed of the following: (1) James O. McDonald (attorney from Terre Haute), (2) John C. Trimble (attorney from Indianapolis), (3) John O. Feighner (attorney from Fort Wayne), (4) Christine Keck (Evansville), (5) Fred McCashloand (Indianapolis), and (6) Mike Gavin (Warsaw).
Out of the thirty-four applicants, the Commission sent the names of Hon. Steven H. David, Hon. Robyn L. Moberly, and Mr. Karl L. Mulvaney to the Governor for his selection. Following receipt of the Commission’s recommendation, the Governor has sixty days to select the next justice who will sit on the Indiana Supreme Court.
Rumor has it that the Governor is close to making his decision. Some say that he is feeling pressure to nominate a woman to the currently all-male bench, which means Judge Moberly has a slight edge. Also tilting the scale in her favor is the fact that the Chief Justice Shepard has said in the past that he is confident that the next justice would be a female. However, Governor Daniels has three very strong candidates to choose from and he has a reputation for going against the tide of public opinion. Whoever Governor Daniels decides to select, we should be thankful for the system we have in place in Indiana. After watching the circus show that inevitably surrounds any appointment to the United States Supreme Court, Indiana’s judicial selection process is yet another reason why the federal government should be envious of the State of Indiana.
With the retirement of Supreme Court Justice Theodore R. Boehm, Governor Mitch Daniels is required to appoint the next justice to Indiana’s highest court. However, many people are unfamiliar with how the selection process works in Indiana, which is not surprising since it is remarkably different than our federal counterpart. The following provides a rough outline of how our system works in Indiana.
Under Indiana’s Constitution and state statute, a seven-member Judicial Nominating Commission is responsible for submitting a list of three qualified individuals to the Governor. The Governor is required to make his final selection to fill the Court’s vacancy from the Commission’s list. The Commission is chaired by the Chief Justice of the Indiana Supreme Court, Randall T. Shepard, and includes three attorneys, who are selected from across the state, and three non-attorneys, who are appointed by the Governor. Currently, the commission is composed of the following: (1) James O. McDonald (attorney from Terre Haute), (2) John C. Trimble (attorney from Indianapolis), (3) John O. Feighner (attorney from Fort Wayne), (4) Christine Keck (Evansville), (5) Fred McCashloand (Indianapolis), and (6) Mike Gavin (Warsaw).
Out of the thirty-four applicants, the Commission sent the names of Hon. Steven H. David, Hon. Robyn L. Moberly, and Mr. Karl L. Mulvaney to the Governor for his selection. Following receipt of the Commission’s recommendation, the Governor has sixty days to select the next justice who will sit on the Indiana Supreme Court.
Rumor has it that the Governor is close to making his decision. Some say that he is feeling pressure to nominate a woman to the currently all-male bench, which means Judge Moberly has a slight edge. Also tilting the scale in her favor is the fact that the Chief Justice Shepard has said in the past that he is confident that the next justice would be a female. However, Governor Daniels has three very strong candidates to choose from and he has a reputation for going against the tide of public opinion. Whoever Governor Daniels decides to select, we should be thankful for the system we have in place in Indiana. After watching the circus show that inevitably surrounds any appointment to the United States Supreme Court, Indiana’s judicial selection process is yet another reason why the federal government should be envious of the State of Indiana.
Monday, August 23, 2010
Ready for the Fall Season
By Brandon Milster
As the summer winds down and the days start to get a bit shorter, it always reminds me that time just goes too fast. It seems like just yesterday that the snow was melting and everyone was excited for spring to arrive! As I look back on this summer, I can honestly say that I had just enough time to go out and enjoy the weather, have some fun with friends and family, and travel a little bit. I was able to see northern Michigan, tour the mountains on the way to Maryland with my brother, and meet up with old friends for a weekend in Missouri. Work is always fast and furious, but hopefully everyone has been able to take some time for themselves and their families this summer…and tried to keep cool from the HEAT!!
One perk of summer coming to a close, however, is the start of football season! Whether you’re a college or professional sports fan, you have to be excited for the beginning of America’s real pastime. Here’s hoping the Colts, Boilermakers, and Hoosiers all have stellar seasons and give Indiana something to be proud of! Sorry Fighting Irish and Cardinals, I am just not a true fan. Finally, here’s hoping the Detroit Lions can start to turn around a losing tradition…each September, I can always have hope!
As the summer winds down and the days start to get a bit shorter, it always reminds me that time just goes too fast. It seems like just yesterday that the snow was melting and everyone was excited for spring to arrive! As I look back on this summer, I can honestly say that I had just enough time to go out and enjoy the weather, have some fun with friends and family, and travel a little bit. I was able to see northern Michigan, tour the mountains on the way to Maryland with my brother, and meet up with old friends for a weekend in Missouri. Work is always fast and furious, but hopefully everyone has been able to take some time for themselves and their families this summer…and tried to keep cool from the HEAT!!
One perk of summer coming to a close, however, is the start of football season! Whether you’re a college or professional sports fan, you have to be excited for the beginning of America’s real pastime. Here’s hoping the Colts, Boilermakers, and Hoosiers all have stellar seasons and give Indiana something to be proud of! Sorry Fighting Irish and Cardinals, I am just not a true fan. Finally, here’s hoping the Detroit Lions can start to turn around a losing tradition…each September, I can always have hope!
Tuesday, August 17, 2010
The New Girl
By Amanda Holtz
My name is Amanda Holtz and I am the new receptionist here at BleekeDillonCrandall. I have been here almost an entire week and have to say I am impressed. Many of you probably know that when you start a new job it is pretty boring and you spend your first few days in training and filling out paperwork. Well, that is not the case for me. The level of trust that Sweetin Bleeke has for their employees is incredible. Within my first few hours I was already entrusted with important tasks. Not only does this make me feel they are confident in who they have hired, it makes me confident in the choice I made to join the company. It is refreshing to immediately feel welcomed onto this extraordinary team.
Though it can be scary to be the new girl, it is an adventure that I welcome. I am the type of person who likes to constantly learn and be around those who are willing to teach. I have already learned a lot and I know there will always be more to come. I have joined a great group of counselors. If I were to give anyone advice about starting a new job I would have to say be confident in your choice to join the company.
My name is Amanda Holtz and I am the new receptionist here at BleekeDillonCrandall. I have been here almost an entire week and have to say I am impressed. Many of you probably know that when you start a new job it is pretty boring and you spend your first few days in training and filling out paperwork. Well, that is not the case for me. The level of trust that Sweetin Bleeke has for their employees is incredible. Within my first few hours I was already entrusted with important tasks. Not only does this make me feel they are confident in who they have hired, it makes me confident in the choice I made to join the company. It is refreshing to immediately feel welcomed onto this extraordinary team.
Though it can be scary to be the new girl, it is an adventure that I welcome. I am the type of person who likes to constantly learn and be around those who are willing to teach. I have already learned a lot and I know there will always be more to come. I have joined a great group of counselors. If I were to give anyone advice about starting a new job I would have to say be confident in your choice to join the company.
Friday, August 6, 2010
Twins can be a Freak Show!
By Carol Dillon
I am a fraternal twin. My twin’s name is Karen and she is my best friend in the whole world. She’s actually more than a friend and my sister, but she is really an extension of myself. We sound alike, we act alike, and we think alike. Last year was the first year my twin and I attended the Twins Festival in Twinsburgh, Ohio. We thought we were being pretty clever for buying matching shirts for the Twins Parade. Yes, a parade of twins marching through the town. However, when we arrived at the registration area, we were literally surrounded by twins – twins who look exactly alike from head to toe. Even fraternal twins with the same haircut, the same glasses, the same socks, the same shoes, and even the same watch. Even as a twin, it was weird, weird, weird. Double your pleasure, double your fun, and double the freakiness. Despite the carnival side-show aspect of the Twins Festival, I have to admit it felt pretty cool to walk in a parade arm and arm with my twin and wave to people. We felt special just because we are twins. We are heading to the Twins Festival again this year and this year we are more prepared; now we have matching shirts and matching shorts. We still can’t go all the way with matching from head to toe.
I am a fraternal twin. My twin’s name is Karen and she is my best friend in the whole world. She’s actually more than a friend and my sister, but she is really an extension of myself. We sound alike, we act alike, and we think alike. Last year was the first year my twin and I attended the Twins Festival in Twinsburgh, Ohio. We thought we were being pretty clever for buying matching shirts for the Twins Parade. Yes, a parade of twins marching through the town. However, when we arrived at the registration area, we were literally surrounded by twins – twins who look exactly alike from head to toe. Even fraternal twins with the same haircut, the same glasses, the same socks, the same shoes, and even the same watch. Even as a twin, it was weird, weird, weird. Double your pleasure, double your fun, and double the freakiness. Despite the carnival side-show aspect of the Twins Festival, I have to admit it felt pretty cool to walk in a parade arm and arm with my twin and wave to people. We felt special just because we are twins. We are heading to the Twins Festival again this year and this year we are more prepared; now we have matching shirts and matching shorts. We still can’t go all the way with matching from head to toe.
Tuesday, August 3, 2010
Baseball Blues
By Jeb Crandall
They say baseball is “America’s Pastime,” but for those of us who are Cubs fans, this is about the point in the season where we stop watching and look forward to next year. The Cubs are over ten games out of first place in their division. So am I really going to tune-in to watch them take 2 out of 3 against the Pirates? Not likely. Many non-Cubs fans think we only root for the Cubs because it’s the popular thing to do, or that it is “bandwagon.” Let me tell you, I’ve been a Cubs fan since before they were able to play night games. Also, do you really think its “cool” or “fun” to watch your team disintegrate into nothing before August? Let me tell you, it’s not.
Lou Piniella has announced that he will step down as manager at the end of the year. This opens the door for past Cubs great, Ryne Sandberg, to possibly take over the helm. Looks like there really is a reason to look forward to next year…at least until next August.
They say baseball is “America’s Pastime,” but for those of us who are Cubs fans, this is about the point in the season where we stop watching and look forward to next year. The Cubs are over ten games out of first place in their division. So am I really going to tune-in to watch them take 2 out of 3 against the Pirates? Not likely. Many non-Cubs fans think we only root for the Cubs because it’s the popular thing to do, or that it is “bandwagon.” Let me tell you, I’ve been a Cubs fan since before they were able to play night games. Also, do you really think its “cool” or “fun” to watch your team disintegrate into nothing before August? Let me tell you, it’s not.
Lou Piniella has announced that he will step down as manager at the end of the year. This opens the door for past Cubs great, Ryne Sandberg, to possibly take over the helm. Looks like there really is a reason to look forward to next year…at least until next August.
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