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  • Public Persona Causes Radio Host to Lose Child-Custody Case

    || 7-Jul-2017

    Can your public image affect the outcome of your child custody case? The short answer is yes—your image matters. For many, an issue of a public persona versus what actually goes on in your daily life isn’t a concern. For those like radio host Alex Jones, best known for his opinionated personality and conspiracy theories behind The Alex Jones Show, as well as the internet news website ...
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  • Same-Sex Couples May Lose Parental Rights Case

    || 3-Jul-2017

    In 2015, eight same-sex couples filed lawsuits against the State of Indiana challenging laws that only allow a birth mother, rather than two mothers, to be listed as a parent on a child’s birth certificate. In light of the landmark ruling in Obergefell v. Hodges that made same-sex marriages legal, federal Judge Tanya Walton Pratt found Indiana’s law that requires a same-sex spouse to ...
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  • Indiana Will Dish Out $25M to Settle DCS Case

    || 28-Jun-2017

    After over a decade-long legal battle, the Finnegan family finally has a clear name and a little peace of mind. In 2015, the Pulaski County Department of Child Services was found to have falsely prosecuted the Finnegans for their daughter’s death and a federal jury awarded the family $31.3 million in damages. Although the State initially appealed the verdict, Indiana has agreed to pay the ...
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  • DIVORCE - WHAT TO EXPECT: I've Filed for Divorce, Now What?

    || 22-Jun-2017

    If you’re contemplating filing for divorce, you may be wondering, “What happens next?” Taking that first step can be scary, can leave you feeling sad, can sometimes even offer forms of relief, but often it just leaves a sense of anxiety because of the unknown. If you take out all the different complexities that can convolute each individual divorce, the legal process itself can ...
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  • SCOTUS Rules Spouse Can't Have Access to Veteran's Disability Benefits

    || 30-May-2017

    Can a State increase the amount a divorced spouse receives each month from a veteran’s retirement pay to indemnify a divorced spouse for the loss caused by a veteran’s waiver to elect disability benefits? Quite simply put, the Supreme Court of the United States says, “no”. Why is this important? Because it impacts the amount of money a divorcing spouse can be awarded from a ...
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  • COA Reverses Dissolution Decree Imputing Potential Income to Mother

    || 27-Apr-2017

    Originally published on TheIndianaLawyer.com: A divided Indiana Court of Appeals has reversed the terms of a marriage dissolution decree, finding the trial court erred in imputing potential income to the mother based on the fact that she should now be able to work full-time because her children are older. In Karen B. Salser v. Gregg A. Salser, 02A03-1606-DR-1308, Karen Salser was a part-time ...
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  • 8 Practical Steps to Prepare for Divorce

    || 12-Apr-2017

    Going through a divorce can be messy, both financially and emotionally, so doing everything you can to prepare for the process can help save you and your family unnecessary stress and hassle. Follow these steps to take stock of your finances, know which steps you need to take to move forward and make the divorce as quick and painless as possible. 1. Gather Financial Records Take stock of your ...
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  • How to Get a Divorce in Indiana

    || 23-Jan-2017

    Any type of divorce within the state of Indiana is referred to as a “dissolution of marriage”. When going through a divorce, couples typically choose to file for a no-fault divorce since it does not require either spouse to divulge the reasons why they are choosing to end the marriage. Fault-based complaints in Indiana provide three grounds – insanity, impotence, or felony ...
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  • Call 6: Mom settles lawsuit with district over allegations they abused special needs student

    || 17-Jan-2017

    Hollingsworth & Zivitz attorney Thomas Blessing featured in RTV6 coverage of a lawsuit involving a Jasper County mother's lawsuit against a public school district in which she accused them of repeatedly neglecting and abusing her son with special needs: Call 6: Mom settles lawsuit with district over allegations they abused special needs student
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  • Divorces Spike in March and August, New Study Reveals

    || 31-Aug-2016

    Many people dislike the month of August for its hot and humid weather. To some, it is an especially bitter time of year for another reason – divorce. According to a new study conducted by the University of Washington’s Brian Serafini and Julie Brines, divorce rates tend to spike on a seasonal basis during the months of March and August. Derived by studying divorce filings in the state ...
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  • Estate Planning Checklist for New and Expecting Parents

    || 26-Aug-2016

    Congratulations on your bundle of joy! At Hollingsworth & Zivitz, we hope for nothing but the best for you and your family. As such, we feel there are few things you should do whether you’re just starting a family or adding to it. The following tips will help ensure your family is protected and provided for in case the worst comes true. Draft a Will This should be the first item on your ...
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  • Eleven Reasons You Should Have an Estate Plan

    || 1-Aug-2016

    1. Avoiding Intestacy The main reason you should have an estate plan is ensuring your assets are distributed according to your wishes. If no plan exists when you die, your assets are distributed by the rules of intestacy. These rules can cause unwelcomed surprises for beneficiaries expecting an inheritance, and result in distributions contrary to your wishes. Many people intend for everything to ...
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  • Your Rights as a Taxpayer

    || 26-Jul-2016

    While many people are aware of the Bill of Rights contained in the United States Constitution, very few people are aware that the Internal Revenue Service has adopted its own Bill of Rights for any and all United States taxpayers titled The Taxpayer Bill of Rights. These rights were formulated from pre-existing rights in multiple sections of the federal tax code. In an effort to make these rights ...
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  • Types of Tax Liability Relief Available to Spouses

    || 18-Jul-2016

    Many people believe the only way to avoid liability for your spouse’s tax liabilities is by filing Married Filing Separately. While this form is easy to accomplish, it is unfavorable due to the implications. Filing separately can result in combined tax liabilities; the denial of refundable tax credits such as the Earned Income Tax Credit, both educational credits, adoption expense credits; ...
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  • Divorce & Shared Bank Accounts: What Happens Now?

    || 13-May-2016

    In just about every marriage in America, the two spouses decide to share one joint bank account that controls and holds the finances of their family. It is a convenient way to take some guesswork out of monthly budgeting, so it certainly has its advantages. But few married couples consider how disadvantageous and inconvenient a shared bank account becomes once the marriage comes to an end and ...
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  • Attorney Horvath's Acclaimed Family Law Article is Published

    || 12-Nov-2015

    At Hollingsworth & Zivitz, Attorneys at Law, we are always proud of our team’s successes and noteworthy achievements, as they both further their careers and better serve the people we represent. It is with much excitement, then, that we announce that Indianapolis Divorce Attorney Kristy Horvath of our firm has had one of her acclaimed family law articles – titled “Protecting ...
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  • Divorce and Your Insurance

    || 27-Oct-2015

    Your divorce is finalized and you are feeling a sense of relief and closure. Congratulations on getting through that difficult time in one piece; we know that it can be understandably trying for anyone. There might be some bad news up ahead, though – you could have more work to do, and it involves your insurance. Your insurance information tells people all over the world who you are. In some ...
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  • Divorce and Your Pension

    || 19-Oct-2015

    Marital assets – property earned while you are married – will be divided during a divorce. This is generally considered common knowledge, and most people imagine dividing ownership over homes, automobiles, furnishings, and so on. What does not cross too many peoples’ minds is how a divorce can divide pension accounts between spouses. Your first reaction might be one of disbelief. ...
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  • Divorce and Your Credit Score

    || 16-Oct-2015

    Right off the bat, people going through a divorce are going to start concerning themselves with asset division, child custody rights, and other frequently discussed topics. It makes sense to want to take care of the bigger pictures upfront. It is equally important, however, not to miss the smaller or less common topics, such as your credit score. Divorces do not directly affect credit scores or ...
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  • Hollingsworth & Zivitz attorney Tom Blessing was featured in a story on RTV6, The Indy Channel, discussing a case in which he represents a Wheatfield boy who suffered neglect and abuse at school. The case involves a 12-year-old boy diagnosed with disabilities including autism ADHD and anxiety disorder, and the lawsuit alleges that he was subjected to "cruel, gratuitous and sadistic acts ...
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  • In our special education practice, probably the most common diagnosis our clients have is autism. Applied Behavior Analysis (ABA) therapy is one of the few generally accepted and scientifically reviewed interventions for autism. Under an Indiana law, which is sometimes referred to as the "autism mandate," health insurance companies are generally prohibited from excluding (the statute ...
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  • 15-Year-Old Bullying Suicide Victim's Family Sues School

    || 14-Jan-2015

    Bullying in our schools has become a national epidemic. The cruelest place in the world is the playground and, with the explosion of social media, kids can't even find a safe haven at home. It happens every day and knows no geographic, demographic or socioeconomic boundaries. In some cases, the relentless name-calling, taunting, threats, ridicule and harassment turns physical—with ...
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  • Father Writes a Letter to His Daughter with Down Syndrome

    || 1-Oct-2013

    If you are a parent with a child with a disability, then you know better than anyone that your child is so much more than that label. You also know the struggle to prove that to the world and the hope that your child can teach you. This Father describes these feelings very well in a letter he writes to his daughter about his path in dealing with having a child born with a disability. See the video ...
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  • Adoption of Baby Veronica and the Indian Child Welfare Act

    || 27-Sep-2013

    Baby Veronica, who was at the center of a legal dispute between her biological father, a member of the Cherokee Nation, and her adoptive parents, Matt and Melanie Capobianco, has been returned to the Capobiancos in South Carolina. Veronica was handed over to the Capobiancos hours after the Oklahoma Supreme Court dissolved a temporary court order leaving the child with her father and his family. ...
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  • Proud to be a family: 5 easy steps to adopting as a same-sex couple in Indiana

    || 19-Aug-2013

    Same-sex couples in Indiana may be surprised to learn that Indiana’s adoption statutes, as interpreted by the Indiana Court of Appeals, allow unmarried couples, regardless of sexual orientation, to file joint petitions for adoption. The legislature may have prohibited same-sex marriage (Ind. Code §31-11-1-1), but it has not done the same for parenthood. In the case of In re Infant Girl ...
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