Collaborative Divorce in Indiana - Indiana Divorce Mediation

Collaborative divorce or collaborative law is new way to resolve divorce and family law cases.  I am a member of the Central Indiana Association of Collaborative Professionals ("CIACP").  CIACP describes the difference between collaborative law and mediation as follows: 

What is the difference between Collaborative Law and mediation?

In mediation, there is one qualified neutral third party (typically an attorney) who assists the parties in negotiating a settlement of their case. The mediator does not represent either party to the dispute and cannot give either party legal advice, nor can the mediator advocate for either party’s position. If either party becomes unreasonable or stubborn, is emotionally distraught or unable to negotiate, the mediation process can be interrupted. A mediator may attempt to intervene to help the process resume, but if the mediator is unsuccessful, mediation can break down, or a negotiated agreement may be unbalanced. If the parties are represented by attorneys, their presence may actually contribute to the difficulties in the mediation, or their advice may come too late to be helpful.

Collaborative Law is an option to deal more effectively with potential problems for parties who may not be as prepared for mediation. While maintaining the same absolute commitment to settlement as the sole agenda, each party has quality legal advice and advocacy built in at all times during the process. Even if either party lacks negotiating skill, or is emotionally upset or angry, the process is equalized by the presence of the skilled advocates. It is the responsibility of the attorneys to encourage their clients to be reasonable to make sure that the process stays positive and productive.

CICAP has a website, here, that can provide more information regarding collaborative law and provide referrals for collaborative divorce attorneys in Carmel, Indianapolis, and throughout Indiana. 

To discuss this further please contact me. 

Indiana Courts - Family Procedures Rule- Rule 81.1

This will be an odd posting.  I am posting this to encourage you to look at another online article.

The online publication Indiana Court Times posted an article on a new rule, Indiana Rule 81.1, Family Procedures.  I previously posted regarding this new rule, here.

The article, Trial Rule 81.1 Procedures for Cases Involving Family or Household Members, sums up the purpose of the new rule as follows:

 Under certain conditions, Trial Rule 81.1 allows a judge to use “Family Procedures” and exercise jurisdiction over all cases involving the same family or household (as defined). Family Procedures are defined in the rule as the coordination of proceedings and processes, and information sharing among cases in a court or courts involving family or household members. The goal of the new rule is to avoid uninformed or inconsistent rulings in multiple cases involving one family or household and therefore better serve children and families in our courts.

I think that this rule will help the problem of different courts/judges entering orders that affect the same family.  For example, if a guardianship and a divorce proceeding were concurrently pending and involved the same family, this rule would provide procedure for the two (2) actions to be heard by the same court/judge.  Having a more predictable procedure to follow in these circumstances will be a welcome change.

The Indiana Court Times article points out the use of the new rule comes with some anticipated concerns as well.  Such as the potential to skew a court’s statistics, confusion as to the burden and proof, confusion parties on deadlines for when to file appeals and other pleadings, as well as confidentiality of the records in cases joined.

If this rule interests you I encourage you to review the Indiana Court Times article. I encourage you to follow the Indiana Court Times, in general.  It is a great resource for Indiana legal news.

To discuss this further please contact me. 

Child Support Terminates At Age 19 - Indiana Child Support Law 2012

Effective July 1, 2012 Indiana child support law will change. The age of emancipation will be lowered from 21 to 19 years of age.  This change  has been rumored for couple of years and the General Assembly voted to amend the statutes pertaining to emancipation.  While child support will terminate at 19, education support orders for college costs, will continue to be available by petition until the child is 21.  The full text of the statutes affected is after the break, below. 

It will be interesting to see how college support orders are treated in light of these changes.  For instance, if a 19 year-old adult child is living in one parent's home while attending school, in lieu of child support, would a judge be willing to have the other parent contribute to the child's room and board, health care costs, and other educational costs such items as transportation, car insurance, clothing, entertainment and incidental expenses, as part of an educational support order?  If so, how is this different than child support?

To discuss these issues further please contact me. 

For more regarding child support see other posts here.

SECTION 1. IC 31-14-11-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 18. (a) The duty to support a child under this article (or IC 31-6-6.1 before its repeal), which does not include support for educational needs, ceases when the child becomes twenty-one (21) nineteen (19) years of age unless either of the following conditions occurs:
        (1) The child is emancipated before the child becomes twenty-one (21) nineteen (19) years of age. If this occurs, the child support, except for educational needs, terminates at the time of emancipation. However, an order for educational needs may continue in effect until further order of the court.
        (2) The child is incapacitated. If this occurs, the child support continues during the incapacity or until further order of the court.
    (b) A child who is receiving child support under an order issued before July 1, 2012, may file a petition for educational needs until the child becomes twenty-one (21) years of age.
    (c) A child who is receiving child support under an order issued after June 30, 2012, may file a petition for educational needs until the child becomes nineteen (19) years of age.

SOURCE: IC 31-16-6-6; (12)SE0018.1.2. -->     SECTION 2. IC 31-16-6-6, AS AMENDED BY P.L.80-2010, SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) The duty to support a child under thischapter, which does not include support for educational needs, ceases when the child becomes twenty-one (21) nineteen (19) years of age unless any of the following conditions occurs:
        (1) The child is emancipated before becoming twenty-one (21) nineteen (19) years of age. In this case the child support, except for the educational needs outlined in section 2(a)(1) of this chapter, terminates at the time of emancipation, although an order for educational needs may continue in effect until further order of the court.
        (2) The child is incapacitated. In this case the child support continues during the incapacity or until further order of the court.
        (3) The child:
            (A) is at least eighteen (18) years of age;
            (B) has not attended a secondary school or postsecondary educational institution for the prior four (4) months and is not enrolled in a secondary school or postsecondary educational institution; and
            (C) is or is capable of supporting himself or herself through employment.
        In this case the child support terminates upon the court's finding that the conditions prescribed in this subdivision exist. However, if the court finds that the conditions set forth in clauses (A) through (C) are met but that the child is only partially supporting or is capable of only partially supporting himself or herself, the court may order that support be modified instead of terminated.
    (b) For purposes of determining if a child is emancipated under subsection (a)(1), if the court finds that the child:
        (1) is on active duty in the United States armed services;
        (2) has married; or
        (3) is not under the care or control of:
            (A) either parent; or
            (B) an individual or agency approved by the court;
the court shall find the child emancipated and terminate the child support.

*this bill is up for action by Governor Daniels on March 19, 2012.