• COA Reverses Dissolution Decree Imputing Potential Income to Mother

    || 27-Apr-2017

    Originally published on 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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  • Indiana's New Restraint Law

    || 7-Aug-2013

    Indiana's new restraint law comes on the heels of many recent state moves to govern the use of restraint and seclusion in schools. With both staff and student safety in mind, several states including Wisconsin and Ohio have also recently passed measures to guide educators with resources for handling out-of-control children safely and effectively while reducing the need for restraint and ...
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  • The Fragility Factor: A Nation of Wimps

    || 5-Aug-2013

    Are parents going too far to protect their children from disappointment? Parents are going to ludicrous lengths to take the bumps out of life for their children. However, parental hyperconcern has the net effect of making kids more fragile; that may be why they're breaking down in record numbers. This article discusses the possibility that many American parents are going overboard to cater to ...
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  • Addressing Back-to-School Issues by Collaborative Practice

    || 30-Jul-2013

    Whether you are separated or divorced, or share a child with a former partner, there are issues which commonly arise in July and August prior to the start of school. These back-to-school issues often need immediate attention, and court calendars may not accommodate the issue in a timely fashion. In addition to the time crunch, litigating the issues may be cost prohibitive. We are often asked ...
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  • What are the Benefits of Collaborative Divorce?

    || 12-Jul-2013

    For those of us who practice collaborative divorce, a description of its benefits can take pages and pages of text -- especially for those of us who have been representing clients in divorce litigation for many years. We have experienced first-hand the frustration, anger, hurt and disillusionment that often accompanies the traditional litigation process. Here is a summary of SOME of the benefits ...
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  • You've Got Your Decree! - Here are Some Suggestions for Tying up Loose Ends.

    || 9-Jul-2013

    So, you're there! You're divorced! You take a look at the final Decree and breathe a sigh of relief. However, here are a few suggestions to make sure all of those pesky loose ends are tied up neatly. If, as a part of the Decree, you have been awarded a division of your ex-spouse's retirement account(s), make sure your portion of the account(s) is actually transferred to your individual ...
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