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Justices: Divorced Parents Don’t Have To Pay Kids’ Graduate School Costs

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Justices: Divorced Parents Don’t Have To Pay Kids’ Graduate School Costs

In a unanimous decision, the Indiana Supreme Court ruled divorced parents cannot be obligated to pay the graduate or professional school expenses of their adult children in a case where a mother and father were forced to share a child’s dental school expenses after she completed her undergraduate degree.

David and Kimberly Allen divorced in 2002 and agreed to share custody of their two children. They agreed to a modification in 2010 where David Allen would be responsible for their daughter’s educational expenses and Kimberly Allen would be responsible for her health insurance.

David Allen petitioned for another change of the agreed order in 2013, seeking to have the daughter’s dental school expenses divided between him and his ex-wife. The trial court denied his order, but the Court of Appeals reversed it, ruling the trial court erred by making David Allen liable for the expenses and rejecting mother’s cross-appeal argument that the trial court lacks authority to order the parents to pay for their child’s graduate school expenses. The mother sought transfer and it was granted by the Supreme Court.

In a decision written by Justice Steven David, the court examined Indiana Code 31-16-6-2, which states in part, “The child support order or an educational support order may also include, where appropriate, amounts for the child’s education in elementary and secondary schools and at postsecondary educational institutions … .”

David wrote “postsecondary” means an organized two-year or longer program of collegiate grade directly creditable toward a baccalaureate degree, citing the higher education title. David cited four other codes in support of this interpretation.

The Court of Appeals ruled the Legislature was free to enact a limit on education after high school but didn’t, so all expenses should be included. David pointed out the Legislature didn’t include graduate expenses. He also mentioned recent changes to the child support statutes mean the Legislature’s intent was to not include graduate school.

David wrote Indiana is one of the few states that have a statute providing for educational expenses once a child has reached the age of majority. Most states have no law requiring divorced parents provide college expenses, and of the states that do, the majority limit payment of the expenses to a certain age.

“We also note that married parents have no legal obligation to pay for their children’s educational expenses beyond high school, let alone graduate school expenses,” David wrote.

He ended by noting that divorced parents can still agree to pay a portion or all of their child’s graduate expenses, and that agreement can be enforceable by the court.

The case is David  P. Allen v. Kimberly W. Allen, 13S01-1601-DR-00053.

State Board of Education Releases List Of “Four Star Schools”

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The Indiana Department of Education recently announced the 2014-15 Four Star Schools. To achieve this designation, a school must be in the top 25 percent of schools in two ISTEP-based categories.

Additionally, a qualifying school must have earned the highest designation in the state’s accountability system and be accredited by the Indiana Department of Education.

A total of 287 schools received the award throughout the state.

Locally, the Four Star Schools are:

Good Shepherd School, Evansville

Mater Dei High School, Evansville

Memorial High School, Evansville

Resurrection School, Evansville

St Philip School, Mount Vernon

Evansville Christian School, Evansville

Evansville Day School, Evansville

Oak Hill Elementary, Evansville

Scott Elementary School, Evansville

North Posey High School, Poseyville

Signature School, Evansville

Gibson Southern High School, Fort Branch

Castle North Middle School, Newburgh

Castle South Middle School, Newburgh

John H Castle Elementary School, Newburgh

Sharon Elementary School, Newburgh

Indiana Tech Law School Graduates Under Pressure To Be Exemplary Attorneys

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by Marilyn Odendahl for www.theindianalawyer.com

Indiana Tech Law School graduates under pressure to be exemplary attorneys Class of 20 is first to graduate from Indiana Tech Law School Bicentennial class takes oath to become lawyers
Indiana law schools prepare for pomp and circumstance Recent bar passage results ‘stunning’

The 20 graduates who walked across the commencement stage May 14 and received their J.D. degrees were part of a historic day for Indiana Tech Law School as they were the first to graduate from the state’s fifth law school.

But faculty and graduates acknowledged that the graduation, while a significant milestone, is not the end of their work.

Eighteen of the 20 graduates of the first class of Indiana Tech Law School before their graduation ceremony May 14. Coming from a school that still raises doubts, the members of the charter class know they have more pressure on them than most law school graduates. Their credibility and the reputation of the Fort Wayne school relies on the graduates passing the bar exam and becoming exemplary attorneys.

“They’ve got to go out and be great,” associate dean for admissions and student affairs andré douglas pond cummings said. “…They’ve got to be really smart about how they represent clients, how they are ethically, how they engage in interactions with other lawyers. They’ve got to be better than just good lawyers.”

Bar exam preparation courses were scheduled to begin just days after graduation and the class has set a goal to have a 100 percent passage rate. Despite the task ahead, the graduates took time to celebrate their commencement.

Before the morning ceremony at the Allen County War Memorial Coliseum began, members of the charter class assembled for a group photo in front of the graduation stage.

Afterward, many returned to the law school with their families for a reception. During the light lunch, cummings recounted the triumphs and adversities of the past three years and the class presented the school with a grandfather clock as a gift. Several graduates thanked their professors and some even shed a few tears, underscoring the particularly close bond between the charter class and the faculty.

Graduate Amy Thompson said the tight relationship bolstered the school’s curriculum that focuses on producing lawyers who are ready to practice. The law professors kept their office doors open so students could walk in anytime for help, and the classmates developed close friendships that trumped feelings of competitiveness and insecurity.

“Knowing that we were a small school, I did expect that we would probably build relationships,” she said. “Never did I expect to build them as closely as we have.”

Twenty-seven students started classes at Indiana Tech Law School in August 2013.

The next three years brought trials neither the charter class nor the faculty anticipated. Peter Alexander, the founding dean, departed suddenly without explanation, and the law school initially failed to get provisional accreditation from the American Bar Association. This threw the students’ futures in doubt because Indiana, along with many states, requires individuals who take the bar exam to have graduated from an accredited law school.

Then acting as interim dean, cummings went to each student individually and told them to explore their options. He believed the law school would gain ABA approval because the problems cited in the denial were fixable with just small improvements. Indiana Tech did gain provisional accreditation in March.

One class member, Shawn Good, did opt to leave, transferring to Concordia University School of Law in Boise, Idaho. He said he was confident Indiana Tech would get accredited but staying was too risky, so he made what he described as a “safety move.”

Good completed his third-year coursework at Concordia but then transferred his credits back to newly accredited Indiana Tech to graduate as a member of the charter class.

The law school welcomed Good back, but cummings has special affection for the students who stayed.

“My hat is off to them for having that kind of belief and fortunately we rewarded that kind of faith by doing everything in our power to show the ABA that we are the wave of the future. We are what law schools should look like,” he said.

Indiana Tech touts its curriculum as being heavily experientially based. As an example, cummings recalled the contracts classes he took in law school. He read about contracts and learned how they were breached but never drafted one. Indiana Tech students, by contrast, draft contracts, complaints and articles of incorporation in addition to practicing other skills like interviewing clients.

“I’ve visited other law schools, I’ve taught at other law schools,” cummings said. “The entrenched faculty at other law schools don’t want to do the hard work that is required to put experiential exercises into every class and to integrate it across the curriculum and to give the students real genuine litigation and corporate practice while they are in law school.”

The curriculum was praised in a paper published in the April edition of the Wisconsin Law Review. Richard Redding, vice chancellor for graduate education at Chapman University, examines the offerings in law schools designed to provide the skills training so the students can immediately step into practice.

Noting clinics often fall short of making graduates practice ready, Redding highlighted Indiana Tech Law School as “perhaps one of the best models for skills integration throughout the curriculum.”

Indiana Attorney General Greg Zoeller, who attended the graduation reception, adjusted his syllabus when he taught an Indiana constitutional law class at Indiana Tech during the fall semester of 2015. Teaching at other law schools, he said, he was always encouraged to stick to the academic aspects of the subject, supplemented with stories from his own experience. But in Fort Wayne, he had the students draft amicus briefs and based the exam on a case from his office.

“I think they were every bit as good as any of the students I ever taught in constitutional law,” Zoeller said of his Indiana Tech class.

The curriculum attracted Charles Cercone who was appointed dean of Indiana Tech Law School in January 2015. Looking ahead, he said the faculty will have to follow the ABA’s suggestion from the accreditation process and improve the academic profile of the incoming classes. Already the school takes a holistic approach, looking at each applicant’s undergraduate grades, LSAT score, work experience and whether he or she overcame any significant disadvantages.

Next year the law school will have to say goodbye to its strongest supporter. Indiana Tech president Arthur Snyder has announced his plans to retire in 2017.

“This was his vision,” Cercone said. “But I have to say the rest of the university and particularly the board of trustees have indicated to me and the rest of the law school community that they are very supportive and big champions of the law school.”

Cum laude graduate David Felts said in working at law firms around Fort Wayne, he found many of the skills he was taught in the classroom translated into real life. He is hoping to join a firm in the community but first he is focused on the bar exam.

“If we can pass the bar at a higher rate than average, that will prove to the legal community and all the naysayers out there that we’re a viable institution and that we’ll be around for many years to come,” he said.

Felts’ father, Allen Circuit Judge Tom Felts, credited the law school with breathing new life into the local legal community. He said the city will benefit from the “hardworking, brave, very well-trained lawyers” coming from Indiana Tech.

As the faculty and students become more active across the state and word gets out about the school, more attention will be focused on Fort Wayne.

“I think the energy the school is going to generate, it’s going to take a little while, but three to five years and Indiana Tech is going to be on par with the rest of the schools in the state,” Judge Felts said.

Once she gets through with the bar exam, Thompson plans to devote more energy to looking for a position in private practice, but if nothing materializes, she is prepared to create her own opportunity. She and a law school colleague have been exploring the possibility of working in the area of consumer protection and debtors’ rights. Other attorneys, she said, have already offered to mentor them.

Good has a desk waiting for him at his father’s law firm in the Chicago area. He will take the Illinois bar then join his dad in practicing in the areas of Social Security disability, family law and estate planning.

Zoeller, who has hired a number of Indiana Tech law students as clerks and interns in his office, said the charter class will be the best advertisement for the school.

“A student who’s bold enough to come when it was not accredited, who stayed the course when everyone else was challenging and criticizing and being skeptical, that’s the kind of bold attorney I like to hire in the office of the attorney general,” he said. “These students are the definition of bold.”

St. Mary’s Hospital for Women & Children Birth Records

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Amanda and Douglas Walton, Evansville, son, Everett Douglas, May 17

Bethani and Robert Hayes, Evansville, daughter, Aspen Dawn, May 21

Marie Cartwright and Brandon Luther, Evansville, daughter, Jade River, May 22

Mallory and Zach Newhouse, Evansville, son, Oliver Arlo, May 22

Aimee and Douglas Rosell, Newburgh, Ind., daughter, Alessandra Julietta, May 23

Lisa Dawn and Antonio Sanderfur, Evansville, daughter, Elizabeth June, May 23

Elaine and Adryan Cooper, Owensville, Ind., daughter, Hadley Belle, May 23

Polly and Tyler Egan, Evansville, daughter, Hadley Rae, May 23

Kennedy and Charles Beaven, Evansville, son, Cooper Glenn, May 23

Katelyn McCoy and Aaron Marvell, Princeton, Ind., daughter, Evelynn Nicole, May 24

Melissa and Aaron Driskell, Richland, Ind., daughter, Addison Grace, May 24

Natalie and Michael Keil, Haubstadt, Ind., daughter, Josie Marie, May 24

Zhon-Marie and Thomas Reed, Evansville, daughter, Catherine Grace, May 25

Allison and Ryan Hagan, Evansville, son, Charles Walter, May 25

Laura and Cody Blackard, Evansville, son, Brooks Michael, May 26

Allison and Jared Stunkel, Owensville, Ind., son, Owen Andrew, May 26

Sarah and Scott Hayes, Evansville, son, Owen Scott, May 27

Emily and Jonathan Eastham, Gentryville, Ind., daughter, June Katherine, May 27

Angel and Ryan Chavis, Princeton, Ind., daughter, Nevaeh Marie, May 27

Bethany and Christopher May, Evansville, daughter, Madaline Jo, May 28

Ashley Whittamore and Justin Angel, Evansville, daughter, Skarlett June, May 28

Oghenekevwe and Anthony Uvieghara, Newburgh, Ind., son, Oghenero Anthony Prince, May 28

UE Softball to hold summer camps

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Aces coming off stellar 2016 season

 Fresh off of a strong rebound season, the University of Evansville softball team will host its summer camps in July.

The first will be a Softball Skills Clinic on July 12.  It is for grades 9-12 and features three potential focuses including hitting, pitching and catching.  The hitting session will cover proper hitting and bunting techniques. The pitching session will teach the fundamentals and drills used at the collegiate level. All pitchers are required to bring their own catcher (catcher must also complete the release and waiver of liability form). The catching session will cover blocking and framing techniques and throwing situations.

On July 19, the program will be hosting the Aces Elite Showcase, which is also for grades 9-12.  The first portion of the Elite Showcase will be a college level practice focusing on the fundamentals of hitting, fielding, pitching and catching. The second portion will be an instructional scrimmage covering all aspects of the game.

Availability for both camps is limited.  To sign up or ask any questions, please contact assistant coach Aubrey Watson ataw358@evansville.edu or at 812-488-2919.

TSA LINES

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A Libertarian Perspective, June 2016

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I started a construction business 42 years ago, and I’m still running it today. A couple of years ago, a woman called us about having some work done on her house. It was an extensive job, so I set up an appointment and met her one evening to discuss the project. About 15 minutes into the process, after listening to her complain about everybody who had ever worked on her house before, I silently decided that we weren’t going to do this job.

I’ve opted out of more than one job in 42 years, sometimes because it didn’t fit into our schedule, sometimes because I didn’t believe the project was feasible, sometimes because of questionable finances, and sometimes, like the woman’s project I was telling you about, just because I had a bad feeling about it.

Like most people who are in business for themselves, I hated to turn down a job, but I was happy there wasn’t anybody telling me I had to do a job I didn’t feel was in our best interest. I was also happy that a simple “No, thanks” on my part was all that was needed. No long winded explanation or excuse was necessary.

Of course, on the other hand, I have figured on some jobs over the years that I would have loved to have done, but we didn’t get hired. Maybe because we couldn’t get there when the potential customer wanted, or maybe because our price was too high, or maybe because the customer thought we would be too hard to get along with. And whatever the reason, and whether they chose to tell us the reason or not, I knew I didn’t have the right to force them to hire us.

It’s one of the rights we all share. It’s called voluntary association. Certainly people of every race, religion, and sexual orientation have the same rights. If the government offers a service or program to one person, it must offer the same consideration to all persons. Once we remove ourselves from the government’s realm, we get to choose who we will associate with, provided that person wants to associate with us. It has to be a 2 way street.

I realize there are people who believe that government should reach into the private realm and replace voluntary association with forced association, out of fear that some people, or groups of people, wouldn’t associate voluntarily . There are a couple of reasons I believe those people are wrong.  One of those reasons is that I have owned my own business for 42 years, and it ain’t easy. Most businesses need every viable customer they can get. Think about the businesses you patronize, and look around the next time you go into your favorite store or restaurant. Then ask yourself if you would patronize a business that practiced discrimination. If you would, you’re in the minority.

Another reason I believe forced association is unnecessary and wrong is that I am 64 years old. I’ve been around long enough to see how the level of acceptance existed and changed from my grandparent’s generation, to my parent’s generation, to my generation, to my children’s generation, and now to  my grandchildren’s generation.

People who don’t believe it has changed should spend some time studying extended family pictures. Mine, like so many nowadays, are multi-racial, multi-ethnic, and multi-sexually oriented.

What government wants to accomplish by using force, we are already accomplishing as a society voluntarily. Our goal should be to be as free as we can be, and in matters of private association we should say “Hey big government, we’ve got this!”

A Libertarian Perspective, June 2016

Governor Pence Announces Distribution of $505 Million to Local Governments

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Includes $435 million that can be used for roads and bridges

Indianapolis – Governor Mike Pence today announced that county auditors have distributed $505 million to local government units, including $435 million that can be used for transportation infrastructure maintenance for counties, cities, and towns as part of Senate Enrolled Act (SEA) 67, which was signed into law on March 23, 2016.

“Early this year, we committed to investing significant new funding in state and local infrastructure maintenance to preserve the Crossroads of America,” said Governor Pence. “Today, we make good on that promise with the distribution of funds to local governments to further improve infrastructure and spur economic development and quality of life in communities across Indiana.”

On April 22, the state made a one-time, special distribution to counties for distribution to other local units using excess Local Option Income Tax (LOIT) reserve funds. SEA 67 required county auditors to distribute all funds to local government units before June 1 in the amounts determined by the Department of Local Government Finance. As part of the distribution, counties, cities, and towns received $435 million that can be used for transportation infrastructure maintenance. Other local government units received $70 million for deposit in their rainy day funds.

In his State of the State Address, Governor Pence outlined a plan to provide more than $1 billion in new funding to preserve and maintain state and local infrastructure, without raising taxes. In addition to SEA 67, Governor Pence also signed into law House Enrolled Act 1001, which provides for additional state infrastructure maintenance funds, while also fully funding the Regional Cities Initiative.

Attached are reports which show the amount of money received by each local government and unit type.

 

University of Evansville Announces New Pre-Ministry Program

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The University of Evansville has announced the implementation of a new pre-ministry program. Classes in the program will begin this fall.

Pre-ministry advisor James Ware, UE professor of philosophy and religion, explained that this new pre-ministry track builds on UE’s already well-established academic strengths.

“Students in the program will receive an excellent liberal arts education with a wide range of fields of study,” Ware said. “They will work closely with their pre-ministry advisor to plan a course of study that meets their goals and interests. Because of this flexibility, it is a great choice not only for those planning a career in ministry but also for students considering other career paths as well.”

Courses in the program will include religion, philosophy, and English or world literature. Students can major in such diverse areas as archaeology, anthropology, art history, classical studies, economics, English, foreign language, history, international studies, music, philosophy, political science, psychology, religion, sociology, or writing.

Students will be encouraged to take ancient Greek as that knowledge is especially valuable in seminary or theological study. They will also be encouraged to pursue either a classical studies or classical languages minor with concentration in Greek.

The program will also provide practical experience in ministry that conforms to the recommendations of the Association of Theological Schools. Students will intern with local churches and para-church ministries. They will have the opportunity to gain valuable experience through participation in the annual UE Midwest Campus Festival of Young Preachers, service through the University’s Neu Chapel, and leadership in UE’s numerous campus ministries.

“Because of the excellence of their preparation in biblical study and biblical language study,” added Ware, “our graduates regularly receive advanced standing in the seminary or theological school of their choice.”

For more information, please contact Ware at jw44@evansville.edu or 812-477-2057.

Hot Jobs in Evansville

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Valid Driver’s License with MVR that meets company requirements. Forklift certification if necessary. While performing the duties of this job, the employee is…
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With clinical staff on hand and a 24 hour support team, we make sure our field staff is well taken care. Assists in greeting visitors and callers politely and…
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Trilogy Health Services  63 reviews - Boonville, IN
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Nexant  19 reviews - Evansville, IN
Driver’s license and a personal vehicle to visit trade ally sites. One part relationship-builder and one part problem-solver, as a Trade Ally Ambassador you…
Big Lots!  2,207 reviews - Henderson, KY
Previous experience operating a cash register preferred. Performs general store operations duties as directed, including cashiering, truck unloading, stocking…
DAL-TILE  65 reviews - Evansville, IN
Waiting on customers, assisting customers in determining order requirements, answering customer inquires, providing samples, providing direction/selection…
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Healthy Spaces - Evansville, IN
Healthy Spaces is the regions largest waterproofing, foundation repair, mold remediation, and basement finishing contractor….
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090 – Jay C Stores (Ruler Foods) - Evansville, IN
Utilize coordinators and other field staff to ensure store departments are achieving sales and profit goals and ensure implementation, and execution of division…
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American Red Cross  2,965 reviews - Evansville, IN
A current valid driver’s license and good driving record is required. Documented satisfactory performance as Collections Technician I or the equivalent…
Medical Staffing Solutions  24 reviews - Evansville, IN
Maintains front office responsibility, answering the phone, greeting employee ‘s, obtaining monthly availability calendars from staff, enters calendars into…
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Ozanam Family Shelter Corp. - Evansville, IN
Clean resident rooms when they become vacant. Supervise cleaning of dining room and other common areas. Wash, dry and fold linens and kitchen towels….
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MedScope - Newburgh, IN
Must have a vehicle and provide valid driver’s license, registration and insurance information. All appointments are made around your schedule, within a pre…
TJ Maxx  1,166 reviews - Evansville, IN
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Healthy Spaces - Evansville, IN
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Spring Mobile – AT&T  39 reviews - Boonville, IN
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License in social work preferred. Brentwood Meadows is a 48-bed, state of the art mental health and addiction treatment center, offering highly specialized…
Tropicana Entertainment Inc. - Evansville, IN
Is well versed in all applicable policies, procedures, rules and laws for the State of Indiana, Tropicana Evansville and the Beverage Department….
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Red Robin  1,062 reviews - Evansville, IN
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O Works with a variety of tools including hammers, screwdrivers, box cutters and possibly some power tools. O Replenishes, straightens, and tracks inventory of…