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Court Denies Motions Attacking Jury Verdict For Worker In Wage Suit

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Court Denies Motions Attacking Jury Verdict For Worker In Wage Suit

Olivia Covington for www.theindianalawyer.com

A divided Indiana Supreme Court has denied transfer to a Clark County custody case, though two justices suggested transfer was warranted because the Indiana Court of Appeals improperly reweighed evidence to reach its September decision.

While the majority voted to deny transfer to Carl Wayne Montgomery v. Patricia Ann Montgomery, 10A01-1511-DR-1910, in a dissenting opinion handed down in a Thursday order, Justice Steve David, joined by Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is not permissible at the appellate level.

“It is not enough that the evidence might have supported a different conclusion; to reverse the trial court, the evidence must lead to but one conclusion,” David wrote.

In its September decision, the Court of Appeals reversed a Clark Circuit Court decision to modify a custody order placing A.M. in the primary physical custody of her mother, Patricia Montgomery. A.M. had previously been in the custody of her father, Carl Montgomery, who accused his ex-wife’s boyfriend of repeatedly abusing A.M.

In its reversal, the appellate court wrote that although there was evidence that Carl Montgomery had attempted to interfere with Patricia Montgomery’s parenting time, such interference did not warrant the revocation of the father’s primary physical custody of A.M. But in the dissent, David wrote that the Clark Circuit Court’s finding that Carl Montgomery was attempting to interfere with his ex-wife’s parenting time was supported by the facts presented to the trial court, thus warranting the modification of the custody agreement in Patricia Montgomery’s favor.

Specifically, David wrote that Carl Montgomery’s allegations about abuse at the hands of Patricia Montgomery’s new boyfriend were fabrications that he repeated three times during court proceedings and that as a result of those allegations, A.M. missed at least five weeks of parenting time with her mother in 2013.

Further, because it is in a child’s best interest to have significant time with both of their parents and because one parent’s continual interference with the other’s parenting time can establish a substantial change in the parties’ interrelationship, a modification of the custody order to award Patricia Montgomery primary physical custody of her daughter was warranted, David wrote.

“The evidence here supports a finding that Father deliberately tried to interfere with Mother’s parenting time and successfully frustrated her attempts to exercise parenting time with A.M., thus a substantial change occurred,” the justice said.

Indiana Students To Get Free FAFSA Filing Help At College Goal Sunday

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An event to aid Evansville area families in filling out the Free Application for Federal Student Aid (FAFSA) — College Goal Sunday — is planned for Sunday, Feb. 12, at Ivy Tech Community College Southwest. Financial aid professionals from Ivy Tech, the University of Southern Indiana and the University of Evansville will be volunteering at Ivy Tech to help college-bound students and their families open the door to financial aid for college.

The event is set for 2:00 – 4:00 p.m. in Carter Library at Ivy Tech Community College, 3501 N. First Avenue, Evansville on, February 12.

The free program assists Indiana students in filing the FAFSA. The FAFSA form is required for students to be considered for federal and state grants, scholarships and student loans at most colleges, universities and vocational/technical schools nationwide. The FAFSA MUST be filed by March 10 to be eligible for Indiana financial aid. College Goal Sunday is so important since completing this required form correctly and by the deadline is sometimes perceived to be complicated and time consuming. In less than one afternoon at a College Goal Sunday event, students and their families can get free help and file the form online.

Now in its 28th year, College Goal Sunday has helped more than 90,000 Indiana students and families complete the FAFSA properly and on time. College Goal Sunday is a charitable program of the Indiana Student Financial Aid Association (ISFAA).

Other College Goal Sunday Locations across the State:

Ivy Tech Anderson

815 E. 60th Street, Anderson, IN 46013

Ivy Tech Bloomington

Steve and Connie Ferguson Academic Building

200 Daniels Way, Bloomington, IN 47404

Ivy Tech Crawfordsville

2325 Phil Ward Boulevard, Crawfordsville, IN 47933

Ivy Tech East Chicago

410 East Columbus Drive, East Chicago, IN 4612

Ivy Tech Southwest

3501 N. First Avenue, Evansville, IN 47710

Ivy Tech Northeast

3800 N. Anthony Boulevard, Fort Wayne, IN 46805

Ivy Tech Franklin

2205 McClain Drive, Franklin, IN 46131

Ivy Tech Downtown Indianapolis

North Meridian Center

50 W. Fall Creek Parkway N. Drive, Indianapolis, IN 66208

Ivy Tech Avon

7508 Beechwood Centre Road, Avon, IN 46123

Ivy Tech Lafayette

3103 S. Creasy Lane, Lafayette, IN 47905

Ivy Tech Lawrenceburg

50 Walnut Street, Lawrenceburg, IN 47025

Ivy Tech Logansport

1 Ivy Tech Way, Logansport, IN 46947

Ivy Tech Madison

590 Ivy Tech Drive, Madison, IN 47250

Ivy Tech Muncie

4301 S. Cowan Road, Muncie, IN 47354

Ivy Tech Sellersburg

Community Learning Center of Washington County

1707 N. Shelby Street, Salem IN 47167

Ivy Tech Terre Haute

Oakley Auditorium

8000 S. Education Drive, Terre Haute, IN 47802

Ivy Tech Valparaiso

3100 Ivy Tech Drive, Valparaiso, IN 46383

Ivy Tech Warsaw

2545 Silveus Crossing, Warsaw, IN 46582

College Goal Sunday Doubles the Help Offered

“The event on February 12th will be the second College Goal Sunday ISFAA is offering this FAFSA filing season. With the FAFSA opening last October, College Goal Sunday made the decision to add a November event in addition to this traditional February event,” said Bill Wozniak, co-chair of College Goal Sunday. “We hope all Hoosiers who have not filed already, take advantage of College Goal Sunday events across Indiana, file the FAFSA, and get one step closer to fulfilling their educational goals.”

According to the Indiana Commission for Higher, programs like College Goal Sunday are reaching first-generation college students. In recent years, according to CHE statistics, more single-parent Hoosier families have filed for financial aid, indicating programs like College Goal Sunday are reaching high-risk students and their families.

“Students who don’t complete their financial aid paperwork properly and on time are often very disappointed when they find out how much financial aid they lost,” said Wozniak. “This is why the Indiana Student Financial Aid Association not only continues to provide College Goal Sunday, but added the second event this year. If our assistance gives students a better chance at higher education and less debt, we’re fulfilling our mission.”

What students should bring

Students should attend College Goal Sunday with their parent(s) or guardian(s), and parents’ should bring completed 2015 IRS 1040 tax returns, W-2 Forms and other 2015 income and benefits information. Students who worked last year should bring their income information as well. Students 24 years of age or older may attend alone and bring their own completed 2015 IRS 1040 tax return, W-2 Form or other 2015 income and benefits information. This year the FAFSA requires applicants to use tax return information from two years prior, making filing efficient and quick. Students and parents are encouraged to apply for their U.S. Department of Education FSA IDs at fsaid.ed.gov before coming to the event. Those who already have a FSA ID do not need to request a new one.

Volunteers will walk through the online form line-by-line and answer families’ individual questions as needed. All sites offer FAFSA online capabilities and many have Spanish interpreters. A complete list of sites is available at CollegeGoalSunday.org.

Attendees may win educational prizes

Students may also win one of ten $1000 scholarships. Students who attend any of the College Goal Sunday sites and submit a completed evaluation form will automatically be entered in a drawing for a $1000 scholarship. The winners will be notified in April, and prizes will be sent directly to the higher education institution selected by the winning students.

21st Century Scholars benefit 

21st Century Scholars are income-eligible students who sign a contract in the seventh or eighth grade promising they will graduate from high school, meet grade point requirements, fulfill a pledge of good citizenship, and apply for college financial aid. Upon high school graduation, Scholars who have fulfilled the commitment receive state funds to help cover their college tuition and fees for eight semesters at eligible Indiana colleges. To fulfill their pledge, scholars must submit a completed FAFSA form on time. College Goal Sunday can help.

Program is a national model

College Goal Sunday originated right here in Indiana, and is now a national model. Following Indiana’s example, College Goal Sunday events organized by more than 34 states have opened doors to higher education for hundreds of thousands of students all over the country.

For more information about College Goal Sunday visit CollegeGoalSunday.org.  

A Bill That Would Expedite Teaching Licenses For Out-Of-State Military Spouses

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Dear Friend,

The House of Representatives recently approved a bill I am authoring that would expedite teaching licenses for out-of-state military spouses whose husbands or wives are assigned to a station in Indiana.

Members of the military are often required to move multiple times during their years of service, and by expediting the licensing process, military families coming here will be able to continue earning a living.

The current law allows the State Board of Education to expedite the issuance, renewal or reinstatement of teaching licenses for military spouses, but does not require it, delaying the process for military spouses to acquire teaching jobs once they move to Indiana.

My proposal would help military families who relocate to Indiana and includes several provisions to assist in that transition.

House Bill 1396 now goes to the Senate for consideration

 Please contact me with questions or input by calling 317­-232­-9816or emailing h76@iga.in.gov.

Sincerely,

State Rep. Wendy McNamara

ISBA Begins Search For Next Executive Director

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ISBA Begins Search For Next Executive Director

IL for www.theindianalawyer.com

Leaders of the Indiana State Bar Association are beginning the process of finding a new executive director.

The ISBA Board of Governors has retained Waverly Partners LLC, a national executive search firm, to assist in the search for the state bar’s next executive director. Tom Pyrz, who has led the organization for 25 years, will retire from his post at the end of 2017.

ISBA Immediate Past-President Carol Adinamis will chair the 11-member Succession & Search Committee, which will work with Waverly to identify qualified candidates.

“Waverly Partners consultants will meet with our committee and a number of the association’s leaders and key constituents to develop a profile that will outline the experience and leadership characteristics of our desired candidate,” Adinamis said in a statement through the bar. “Our committee is open to executives with backgrounds in other bar associations, business associations, economic development organizations, other kinds of nonprofits, private sector or related experience with a commitment to our mission.”

February Birthdays

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Kerry KC Chesser

James Endsley

Patti Weber

Jane Harmon

Chris Boyd

Jerome Lander

Sam Preston

Tom Clark

Heather Akers

Norma Merrill Granderson Duckworth

Ryan Pemberton

Kathy Crowell Edwards

Jill A. Schlundt

Richard Bruner

Alisa Webster

Brian Turpin

Doug Bays

Rep. Messer Urges President Trump to Take Executive Action on Tax Loophole Allowing Billions in Payments to Illegal Immigrants

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Today Rep. Luke Messer (IN-06) sent a letter to President Donald Trump urging him to take executive action on a tax credit loophole that allows billions of dollars in payments to illegal immigrants.

The Child Tax Credit (CTC) and the Additional Child Tax Credit (ACTC) provide American families $1,000 per child as a federal tax benefit, but the program is wrought with fraud.  That’s because this benefit can be claimed without a valid Social Security Number by using an Individual Taxpayer Identification Number (ITIN), which is issued to individuals regardless of immigration status.

A 2014 Treasury Inspector General for Tax Administration report estimated that between $5.9 and $7.1 billion was being paid out a year to illegal immigrants and individuals illegally claiming children through the Additional Child Tax Credit. A 2011 report estimated that $4.2 billion was going just to illegal immigrants.

In 2012, WTHR Channel 13 in Indianapolis produced an investigative series that found undocumented workers were not only claiming this tax credit, but claiming it for kids that weren’t even living in the United States.

“Most Americans are astonished to learn that each year billions of taxpayer dollars are given out to people who are in our country illegally,” Messer said. “This is just one example of how our broken tax and immigration systems continue to incentivize immigrants to come here illegally. It’s long past time to change it.”

Messer authored legislation last month to address this issue. His proposal, H.R. 363, would ensure that only taxpayers with a valid Social Security Number are able to claim the Child Tax Credit and the Additional Child Tax Credit.

While Congress works to enact this legislation, Messer urged President Trump to consider executive action to protect U.S. taxpayers by:

Adopt A Pet

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Shaggy is an 11-yr-old male miniature Poodle. He weighs 8 lbs. Unfortunately his owner passed away. He was living with family members, but they had children and the home was a little too boisterous for him. He’d spent his whole life with 1 older childless woman and 3 other dogs, so he will prefer a quieter home. His $120 adoption fee includes his neuter, microchip, vaccines, and more. Contact the Vanderburgh Humane Society at (812) 426-2563 or adoptions@vhslifesaver.org for details!

 

AN EVENING WITH VINCE GILL

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One of the most popular singers in modern country music, Vince Gill is famous for his top-notch songwriting, world-class guitar playing and warm, soaring tenor, all wrapped up in a quick and easy wit.
A wide-ranging songwriter, his compositions earned him entry into the Nashville Songwriters Hall of Fame in 2005. The Academy of Country Music has conferred eight awards on Gill, who was inducted into the Country Music Hall of Fame in 2007. Gill also has won 18 CMA Awards, including Song of the Year four times, and 20 GRAMMY awards. He has made guest appearances on over 500 albums from Barbra Streisand, Eric Clapton, Willie Nelson, Dolly Parton, George Jones and more. Gill’s latest album, Down To My Last Bad Habit, is out now.
Vince Gill will be at the Aiken Theatre on Saturday, April 22 at 8:00pm. Tickets for Vince Gill go on sale TODAY at 10:00am. Seats are $79.50, $59.50, $49.50 and $39.50.
CLICK HERE FOR VINCE GILL TICKETS

Dr. Bucshon’s Statement on Senate Approval of Tom Price

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(WASHINGTON, D.C.) – Congressman Larry Bucshon, M.D.  released the following statement applauding Senate confirmation of Tom Price, M.D. as Secretary of the Department of Health and Human Services:

“There’s no one more uniquely qualified to lead HHS at this challenging time. His experience as a physician and tenure as Budget Committee Chairman make him the perfect partner to Congress as we work on behalf of patients to repeal and replace Obamacare,” said Bucshon.“Dr. Price is a good friend and a good man who cares deeply about patients across this country. I look forward to continue working with him to expand access to quality, affordable healthcare to all Americans.” 

Another’s Treasure 2017

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The Arts Council of Southwestern Indiana is requesting artists to submit artwork created from manmade recycled materials. The second annual exhibit, “Another’s Treasure”, will feature work in two categories; Fine Art and Functional Art.

The deadline for registration and digital images of work will be March 17, 2017. There is no registration fee, and artists do not need to be members of the Arts Council to enter. This call is open nationally, and there are awards totaling $3,200.

The Arts Council of Southwestern Indiana would like to thank Alcoa Foundation for making this exhibition possible through its generous funding.

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