Indiana Law Blog

Navigating Divorce and Unexpected Loss: A Guide to Addressing Legal Matters

Published on: August 31, 2023 | by Aaron Harshman

Divorce is a complex and emotionally charged process, often involving the division of assets, debts, and decisions regarding children. However, life’s uncertainties can sometimes take a tragic turn, and what happens when one of the parties during a divorce passes away? This article aims to shed light on the legal implications of such a situation, covering aspects related to assets, debts, beneficiary accounts, and the welfare of minor children.

Assets and Debts:

The passing of one of the parties during divorce can significantly impact the division of assets and debts. Typically, divorce proceedings aim to distribute marital property equitably between the spouses. However, if one spouse passes away before the divorce is finalized, their assets may be subject to different rules depending on the jurisdiction.

Empowering Fathers: A Guide to Modifying Child Support in Indiana

Published on: June 3, 2023 | by Aaron Harshman

For fathers in Indiana, ensuring that child support obligations align with their current circumstances is crucial. Life is ever-changing, and financial situations can evolve over time. In this comprehensive guide, we will explore the process of obtaining a modification of child support, specifically focusing on the benefits it can provide to fathers. Let’s dive in and discover how you can navigate the path towards a fair and balanced child support arrangement.

Understanding the Need for Modification: Life events such as job loss, changes in income, medical expenses, or a significant change in the child’s needs may warrant a modification of child support. Recognizing the need for a modification is the first step towards ensuring a more accurate and equitable support arrangement.
Gathering Relevant Documentation: To support your request for a child support modification, gather necessary documentation such as proof of income changes, medical expenses, or any relevant supporting documents. Having a comprehensive record will strengthen your case and provide evidence to demonstrate the need for a modification.

Empowering Fathers in Paternity Cases: Key Orders a Judge Can Make in Indiana

Published on: May 31, 2023 | by Aaron Harshman

Paternity cases hold significant importance for fathers in Indiana, as judges have the power to shape their role in their child’s life. In this informative guide, we’ll explore the most crucial orders that a judge can make during a preliminary hearing in a paternity case. From custody arrangements to financial obligations, these orders can have a profound impact on the lives of fathers and their children. Let’s delve into the details and empower fathers with knowledge and understanding.

Custodial Rights: Promoting Shared Parenting and Meaningful Involvement.
One of the pivotal orders a judge can make is granting custody or parenting time to fathers. This order ensures that fathers have the opportunity to provide a nurturing and supportive environment for their child. By receiving custody, fathers can actively participate in decision-making and contribute to their child’s overall well-being.

Navigating Misdemeanor Criminal Law Cases in Central Indiana: A Comprehensive Guide

Published on: May 24, 2023 | by Aaron Harshman

Facing a misdemeanor charge in Central Indiana can be a daunting and confusing experience. Understanding the various phases of a misdemeanor criminal law case can help you navigate the legal process with greater confidence. In this comprehensive guide, we’ll walk you through the key stages involved in a typical misdemeanor case in Central Indiana, providing you with valuable insights and empowering you to make informed decisions.

The journey of a misdemeanor criminal law case in Central Indiana can be broken down into several distinct phases, each with its own significance. Let’s explore these phases in more detail:

1. Arrest and Booking:

How to Avoid Arrest on a Domestic Violence Charge in Indiana

Published on: May 15, 2023 | by Aaron Harshman

Introduction

Dealing with domestic violence charges can be a distressing and overwhelming experience. If you’re concerned about the possibility of being arrested on a domestic violence charge in Indiana, it’s essential to understand your rights and take proactive steps to protect yourself. In this blog post, we’ll have a candid conversation about valuable tips that can help you navigate through such situations and avoid arrest.

Keeping Your Cool in Heated Moments

Theft Charges in Indiana: Definitions, Sentencing Ranges, and Collateral Consequences

Published on: May 8, 2023 | by Aaron Harshman

If you have been charged with theft in Indiana, it’s important to understand the legal definitions, potential sentencing ranges, and possible collateral consequences. At Harshman Ponist Smith & Rayl, our experienced legal team can help you navigate the complex legal system and fight for your rights.

Definitions of Theft in Indiana

Under Indiana law, theft is defined as the unlawful taking of another person’s property or services with the intent to deprive the owner of the property or services. Theft can take many forms, including shoplifting, embezzlement, and theft by deception.

Setting Aside Crimes of Sex Trafficking Victims

Published on: January 18, 2020 | by Susan D. Rayl

Handcuffed Woman
Indiana, and Indianapolis in particular, is a hub for sex trafficking. Victims of human trafficking, including both sex trafficking and labor trafficking, are often convicted of crimes committed while they’re under the control or influence of the trafficker. The first thing that likely comes to mind is that victims are convicted of prostitution. That may be true (although known victims of sex trafficking cannot be convicted of prostitution), but they’re also convicted of recruiting others into prostitution (promoting prostitution), of theft, of drug charges, of firearms charges, of crimes of fraud…almost anything.

In 2017, the Indiana General Assembly passed a bill to provide relief that even many criminal defense lawyers don’t know about that allows victims of human trafficking who are convicted of crimes to have their convictions vacated. When a conviction is vacated, it is as if the conviction never happened. That’s different from, and even better than, an expungement. An expungement removes the public records of the conviction, but vacating the conviction is as if it never happened.

The word “trafficking” sometimes makes people think of a person moved from one place to another and forced into prostitution. Sometimes that’s the way it works, but not always. The definition of human trafficking is much broader than that and includes both sex trafficking and labor trafficking.

Indiana Obligation to Report Abused and Neglected Children

Published on: March 30, 2019 | by Susan D. Rayl

Woman Talking on the Phone Reporting Child Abuse Indiana has a simple statutory requirement to report abused or neglected children. Indiana Code § 31-33-5-1 provides:

[A]n individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by this article.

The report may be written or oral, and it may be made either to the Indiana Department of Child Services (DCS) or to a law enforcement agency. Indiana Code § 31-33-5-2. DCS operates a toll-free hotline, 1-800-800-5556, that accepts reports of child abuse or neglect 24 hours a day. DCS allows these reports to be made anonymously. Knowingly failing to report one’s belief that a child is a victim of child abuse or neglect is a Class B misdemeanor. Indiana Code § 31-33-22-1.

#1 Best Plan to Take Care of Children if Parents Die Simultaneously

Published on: March 23, 2019 | by Michael R. Smith

Couple Preparing For Trip Picture this: It’s your 10th wedding anniversary and your husband surprised you with the amazing Hawaii trip you couldn’t afford to take for your honeymoon at the time. Even better, he’s booked your parents to watch your pride and joy while you are in paradise. All you have to do is teach your parents how to use Skype buy a swimsuit (gulp).

What happens to the kids if, God forbid, something were to happen to you and Mr. Right on your trip? Come to think of it, have you been planning to put a will together for the kids for the past, um, well, since they were born?

Married parents of minor children share joint custody by operation of law. If one parent dies, the other parent becomes the child’s sole legal guardian. Generally, the mother has sole physical and legal custody of minor child born to unmarried parents. A father must establish paternity to have exercise legal rights with respect to that child. Following divorce, custody of minor children is specified by the Divorce Decree and Settlement Agreement signed by a Judge. If the custodial parent dies, the noncustodial parent becomes the minor child’s legal guardian under Indiana law, in most circumstances.

USA Gymnastics Suspends 2016 Olympian Alex Naddour

Published on: June 22, 2018 | by Michael R. Smith

Update: On November 13, 2018, the Safe Sport Center dismissed the disciplinary action against Naddour, and he was removed from USAG’s list of suspended members on November 14. He does not intend to make any other public statements regarding the matter.

On June 20, 2018, USA Gymnastics (“USAG”) suspended Alex Naddour, member of the 2016 U.S. Olympics team in men’s gymnastics and a member of the current Senior National Team, pending the resolution of allegations of sexual misconduct. His suspension prohibits him from participating in any USAG activities.

The United States Olympic Committee (“USOC”) is responsible for, among other things, establishing programs to develop world class athletes in the Olympic sports. To that end, USOC has designated 47 organizations as national governing bodies (“NGBs”), each with responsibility for one or more sports. USAG, a nonprofit corporation headquartered in Indianapolis, is the NGB for several types of gymnastics.