"Divorce Corp....The Divorce Industry Exposed"

When getting divorced, it is important to make a strong effort to separate the business transaction of getting divorced from the emotional journey of grieving the death of a relationship.  When you allow the emotion of the death of the relationship to cloud the business transaction, it can end up costing both sides tens of thousands of dollars.  In Indiana, you can get divorced without ever stepping into a court room.  Getting divorced can take a mere 61 days and less than $2,000 in attorney's fees when completed amicably.  If you are considering divorce and want to avoid spending tens of thousands of dollars in attorneys' fees, seek out a collaborative divorce professional or a mediator. www.rebeccabillick.com 

Travel Soccer and Modification of Parenting Time

A teenager's hectic travel soccer schedule is not grounds to modify a previously entered parenting time plan.  The Indiana Court of Appeals found that time spent with the non-custodial parent was more important than a high school student's travel soccer aspirations and that the custodial parent erred in enrolling the teenager in such a rigorous year-long program without consideration of the current parenting time plan.  
In Re: the Marriage of L.C. v. T.M. 32A01-1303-DR-91. 

Same-sex Couples and Parental Rights

A former partner of a same-sex couple was granted standing to seek visitation of the child the couple contracted to raise together.  While the Indiana Court of Appeals stopped short of granting the former partner parental rights of any type, it recognized the need for the child to maintain a relationship with both "mothers." In its decision, the Court remind the parties and the public that it is only charged with interpreting law -- not legislating from the bench.  The Court went on to plead with the Indiana legislature to draft laws which address the diversity of modern families so that the Courts have a consistent road map to follow in discerning the best interests of the children stuck in the throes of custody battles within unique families.  A.C. v. N.J. 20A04-1301-DR-37 

Adultery and Inheritance

According to a recent Court of Appeals decision, a cheating spouse who leaves the marital home to pursue an extramarital affair loses his or her right to inherit assets and property owned by the spouse left behind. Conversely, in the context of divorce, the division of marital assets is generally not affected by whether or not a spouse commits adultery or otherwise behaves poorly. In other words, if you decide to commit adultery and move in with your new partner and then your spouse dies while you are living with your new partner; anything owned by your spouse will be passed to your spouse's heirs -- NOT you.

In short, if you have decided to co-habitat with someone other than your spouse, and you have not yet filed for divorce, you may want to consider getting that done.

Special Needs Trust

Leaving assets in your will to a loved one with a disability may do more harm than good.  Often, individuals with disabilities receive subsidies for living expenses and healthcare.  These subsidies can be in jeopardy if the disabled individual has too much income or too many resources (savings, investments, property, inheritance, etc.).  If you would like to help someone you love with a disability, the best way to do so is through the creation of a Special Needs Trust.  Setting up a Special Needs Trust is not expensive or complicated, and it allows for you to ensure a loved one with a disability is cared for without threatening his or her eligibility for assistance with living expenses and healthcare

Child Support Modification

If you have been paying or receiving the same amount of child support for over a year, it may be time to revisit that calculation. Under Indiana law, a child support order may be modified if: (1) there has been a substantial and continuing change of circumstances; or (2) it has been more than a year since the last child support order and you think that there has been a change of either parents' income which will impact the child support calculation by more than 20%. (Keep in mind that bonuses, a company car, a free place to stay, and other job "perks" can be imputed as income to either parent.) If you don't request a modification and look at the numbers at least every couple of years, you or your kids could be needlessly struggling. All too often folks continue paying way too much after a decrease in salary or receiving way too little in light of the other parent's multiple promotions over the years. The spirit of Indiana Child Support Guidelines desires for children to experience the same level of care and comfort in both parents' homes. This is only possible if current and accurate numbers are regularly used to update child support calculations.

Guardianship and Divorce

A guardian for an incapacitated adult may not file for divorce on his or her behalf according to a recent Indiana Court of Appeals Case, In Re the Marriage of Leora McGee v. Robert McGee. In McGee, the daughters of an incapacitated elderly man sought to divorce their father from his second wife of only three years and move him out of state so they could better care for him. The second wife objected to the daughters' desires and successfully thwarted the divorce. This finding once again emphasizes the need for folks to consider prenuptial agreements -- ESPECIALLY for second marriages later in life.