Recent Developments: Indiana Family Law

Abstract

distinction, 1979, St. Mary’s University School of Law, San Antonio Texas. ** Associate, Ruppert & Schaefer, P.C. A.S. 2000, Indiana University; B.S., with distinction, 2002, Indiana University; J.D., Family Law Concentration, Valparaiso University School of Law, Valparaiso, Indiana. The authors also wish to acknowledge Jake McKinney for his assistance in compiling the appellate decisions used in this Survey. 1. Ten articles of Title 31 of the Indiana Code are specifically titled family law. IND. CODE §§ 31-11 to -20 (2004). These articles cover marriage, domestic relations courts, the parent-child relationship, establishment of paternity, dissolution of marriage and legal separation, support of children and other dependents, custody and visitation rights, the Uniform Interstate Family Support Act, adoption and human reproduction. Title 31 also contains an article of general provisions as well as an article consisting of 149 sections of definitions pertaining to both family and juvenile law. An additional eleven articles of Title 31 are specifically referred to as “juvenile law.” See IND. CODE § 31-9-2-72 (2004) (“‘Juvenile law’ refers to [Indiana Code section] 31-30 to 31-40.”). Also, every legal proceeding in Indiana between parents involving child support or visitation with their children is governed by the Indiana Supreme Court’s Child Support Rules and Guidelines and Parenting Time Guidelines. Throughout an additional fifteen other titles of the Indiana Code are provisions governing criminal offenses against children and the family, children’s protection services, marriage and family therapists, and trust and fiduciaries. Federal legislation involving taxation, bankruptcy and retirement benefits can be a consideration in virtually any property settlement. Other federal legislation impacts Native American adoptions, parental kidnapping and state enforcement of child support obligations. RECENT DEVELOPMENTS: INDIANA FAMILY LAW