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Appeals Court Concerned About Fee-Shifting Provisions In Domestic Relations Cases

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Jennifer Nelson for www.theindianalawyer.com

The Indiana Court of Appeals affirmed a trial court’s decision to not award a mother attorney fees despite the inclusion of a fee-shifting provision in her divorce settlement. In doing so, the appeals court pointed out how these provisions may go against public policy.

“The fee-shifting provision at issue here, construed as Mother suggests, would serve to penalize any unsuccessful effort at the modification of parenting time or child support. This outcome creates a significant disincentive for parents to seek additional parenting time with their children, and seems at odds with this state’s public policy concerning the primacy of the best interest of the child with respect both to parenting time and child support,” Judge L. Mark Bailey wrote inMelissa Capellari v. Gino Capellari, 34A05-1505-DR-479. “Here, however, the trial court was within the law and its discretion in interpreting its own order and reaching its conclusion denying Mother’s request for attorney fees.”

When Melissa and Gino Capellari divorced, they entered into an agreement regarding distribution of assets, parenting time and child support. The agreement contained a fee-shifting provision that stated, “In the event that any action is filed with regard to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either party may be called upon to pay, a reasonable sum for the successful parties [sic] attorney fees at the discretion of the court.”

Father sought to modify child support and parenting time a year after the divorce was finalized. Mother sought attorney fees in the event he was unsuccessful. The trial court denied his petition but also denied mother’s request for attorney fees, ruling it had discretion to decide whether to award the attorney fees.

The COA agreed, finding the trial court’s interpretation to be reasonable given the tension inherent in the statement that “the unsuccessful party in the action shall pay … [the other party’s] attorney fees at the discretion of the court,” Bailey wrote.

Chief Judge Nancy Vaidik concurred in result without separate opinion.

IN THEATRES

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UE Peterson Gallery Exhibit to Feature Work of Artist Amy Musia

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Evansville, Indiana, artist Amy Musia will be exhibiting her work in the University of Evansville’s Melvin Peterson Gallery from January 11 through January 30. Musia will also give a public lecture followed by a reception on January 14, at 6:30 p.m., in the gallery. The Melvin Peterson Gallery is located at 1935 Lincoln Avenue, on the corner of Lincoln and Weinbach Avenues in Evansville.

Musia’s exhibit is titled “The Art of Amy Musia: An Inspired Journey,” and will feature her sculptures and photography. Musia works as a sculptor, designer and photographer specializing in site specific works of art for healthcare, corporate, public and private spaces.

She earned her BFA degree from the University of North Texas and worked as an art director for production companies that produced magic tricks, body puppets, marionettes, as well as stage productions for amusement parks, including Six Flags, Ponchatrian, and King’s Island, as well as the Guiness Book of World Records. Currently she is a studio artist and teaches sculpture and painting at UE. She is a member of such area boards as the Public Arts Commission and Westside Improvement Association and is a member of UE Friends of Art.

“My overall approach for all works that I create is that of a naturalist,” says Musia.  “Pieces are primarily organic yet architectural enveloped with symbolism.”

For more information on the exhibit and the Melvin Peterson Gallery, call 207-650-6073.

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Sheriff and County Government Leaders Attend Appreciation Luncheon

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Sheriff Dave Wedding took members of the Vanderburgh County Council, Vanderburgh County Commissioners and Vanderburgh County Surveyor’s Office out for lunch this afternoon. The luncheon was held in appreciation for the outstanding collaboration that has taken place between our offices this past year.

Sheriff Wedding stated, “I am proud to be a part of this committed group of community leaders and look forward to accomplishing even more together in 2016.”

Pictured above (left to right): Councilman Ed Bassemier, Councilman Mike Goebel, County Surveyor Jeff Mueller, Council Attorney Jeff Ahlers, Commissioner Bruce Ungethiem, Councilman John Montrastelle, Sheriff Dave Wedding, Councilman Tom Shetler, Chief Deputy Sheriff John Strange and Councilman James Raben.

 

CHRISTMAS STAR

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Vanderburgh County Recent Booking Records

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The New U.S. 31 Hamilton County Freeway Opens for Business

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Governor Mike Pence today celebrated the opening of the new U.S. 31 Hamilton County freeway with Carmel Mayor Jim Brainard, Westfield Mayor Andy Cook, Congresswoman Susan Brooks and Indiana Department of Transportation Commissioner Brandye Hendrickson, as they joined project personnel, designers and contractors to commend five years of ambitious construction resulting in free-flowing traffic on U.S. 31 in Hamilton County.

 

“Hamilton County has seen significant growth in recent years and ensuring our infrastructure keeps pace with this part of the state is essential,” said Governor Pence. “The unprecedented progress on the new U.S. 31 in Hamilton County and points north is a tribute to the vision of leaders across Indiana. Hoosiers can be confident that my administration will continue to build on these significant investments and ensure that Indiana remains the Crossroads of America.”

 

Last week, northbound and southbound U.S. 31 traffic was shifted onto new bridges over 106th and 116th streets, opening the freeway to three lanes in each direction and effectively removing the final two traffic signals from U.S. 31 through Carmel.  All ramps at the I-465 and U.S. 31 interchange, including the new free-flowing ramps from I-465 to northbound U.S. 31, are anticipated to be open to traffic and in their final configurations next week.

 

“The opening of the new U.S. 31 in Hamilton County is the culmination of a decades-long effort to build a safer, more efficient connection between Indianapolis and South Bend that would be a catalyst for economic development along the entire corridor,” Congresswoman Susan Brooks said. “This highway now moves at the speed of commerce. By completing U.S. 31 earlier than originally planned, Governor Pence and the leadership in Hamilton County are sending a strong message that this corridor, and all of Central Indiana is truly – open for business.”

 

“U.S. 31 has always been a vital corridor for Carmel and we were happy to support the upgrade to this highway, not just for our benefit but for the benefit of the State of Indiana,” said Mayor Brainard. “We applaud INDOT for working with local communities throughout the process of improving traffic flow through Carmel and all of Hamilton County. It’s good to see the substantial completion of the highway project and we look forward to next spring when the remaining related projects will be completed.”

 

WHAT IF THIS WAS YOUR LAST CHRISTMAS?

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What if this was your last Christmas? What if this was your last chance at Christmas Eve, Christmas morning, and Christmas dinner? Would you make the effort to go home for the holidays? Would you make time to take the kiddos to drink hot chocolate and look at the lights?

Would you still go to the mall?

That’s what Mary Kate Campbell did, and she and her shiny new husband had a great time.

“The best Christmas I had, we went to the mall and only had $100. He got a pair of Ray Bans, I got a sweater from J. Crew. We could afford these things, and we enjoyed our time together,” she said.

That was a couple years ago. She’s not sure where she’s going to spend Christmas this year. “That actually depends on whether I get into a clinical trial I got kicked out of last week,” she said from the Seattle hospital where she’s got a real bad case of relapsed, refractory Acute Myelogenous Leukemia. “Or I will go home to Virginia and have a nice quiet little Christmas like I did last year,” she said. “It all depends on whether I get this new drug.”

The bone marrow registry had two matches, but the doctors found cancer cells after the operation. When I asked if she’d been given a prognosis, she said, “I should be dead already,” and shortly after that she had to get off the phone to have a tube taken out of her chest. She’s 29 and has been married for a year and a half. But when she gets sad this Christmas, don’t assume you know why.

“Christmas is sadder for me now, and it’s for reasons that I think are not the most predictable because I see wonderful, well-intentioned people who love me and care about me and would do anything that they could do to save me, but they cannot save me,” she said. “I see them buying objects for me and for others to distract themselves from the pain for a little while, the pain that they’re going to lose me.”

And you think your mother is hard to shop for?

From her hospital room, Campbell watches endless commercials for Black Friday, door busters, and 24-hour sales, all screaming at us to buy things that will be forgotten by the New Year. If she had her way—and just this once, maybe she should—we’d handle Christmas more purposefully.

“Buy something you can afford that speaks to you about the person you’re buying it for. Surround yourself with people who don’t expect you to buy them things,” she said. “Every Christmas, we present the people we love with a glut of objects. We don’t necessarily present them with our love, we present them with objects.”

Life doesn’t have to be so fraught to give Christmas urgency. My cousin George Stanford, a singer-songwriter based in LA, just recorded a song called “Christmas For Two”. The video—it’s up on YouTube—features his lovely and pregnant wife, Nikole, as they prepare for their last Christmas before the baby comes. It is unspeakably adorable.

“Next year, there’ll be three, around our Christmas tree. You and I have just begun to write our legacy/Our gift will be here soon, a little me, a little you, so let’s celebrate our last Christmas for two,” sings George.

For better or worse, we don’t know who is going to be around the Christmas tree next year. So I’ll put it to you again: If you knew that everything would change next year, how would you spend Christmas? Would you judge Christmas on how high the pile of presents under the tree is? Would you worry that everything looked just so? Would you put a plastic toy on a plastic card because Suzy had to open the same number of wrapped boxes as Johnny?

What would you do?

United Methodist Exemplary Teacher Award Presented to UE Economics Professor

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University of Evansville assistant professor of economics Omer Bayer received the 2015 United Methodist Exemplary Teacher Award during UE’s Winter Commencement exercise on December 16. The award is given annually by the General Board of Higher Education and Ministry of the United Methodist Church. It recognizes excellence in teaching at United Methodist Church-related institutions of higher education.

During his time at UE, Bayer has served on many University and Schroeder Family School of Business Administration      committees such as Admissions and Standards, Undergraduate Research, the Student Success Team, and Honors Program. Bayer is very student-centered. He is known as an outstanding professor, often teaching a diverse group of majors in his courses. In addition, in 2014 he led a Contemporary European Business Issues study abroad course to the University’s British campus, Harlaxton College, and his native homeland, Istanbul, Turkey.

Bayer earned his Ph.D. in economics with concentrations in monetary economics, international economics, and applied econometrics from the University of Tennessee where he received the J. Fred and Wilma A. Holly Fellowship. His research focuses on monetary policy adjustment, interaction of the housing market and the macro economy, and the effect of international sporting events on trade. His research has been published in five peer reviewed journal publications, three of which were accepted in top-tier journals.

SWIRCA & More Receives $30,000 Grant from the Glick FUND

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SWIRCA & More’s Nutrition Department recently received a $30,000 grant from the Glick Fund, a fund of the Central Indiana Community Foundation. This money will be used to serve hot, nutritious lunches to senior citizens and people with disabilities at the Carriage House Apartments here in Evansville.

Annually, SWIRCA serves over a quarter of a million meals, 4,875 of which are served through the Carriage House Apartment meal site. The Nutrition Department’s funding was reduced by $175,000 last year and then another $9,000 in 2015. Because of these cuts, meals are only being served four days a week. For many of these people, this is the only meal they have each day. This grant received by the Glick Fund will cover the cost for the close to 5,000 meals over the next year.

SWIRCA & More serves lunches throughout twenty two congregate meal sites and sixteen home delivered meal routes throughout Vanderburgh, Warrick, Posey, Perry, Pike and Gibson counties. Meals are served Monday- Thursday. Home delivered clients receive a frozen meal to be heated up and consumed on Friday. For many of the clients, this is the only meal they have each day. For more information on SWIRCA’s Nutrition Department, visit www.swirca.org/nutrition.

SWIRCA & More is a not for profit organization fulfilling a mission of “Enhancing Opportunities for Independent Living.” SWIRCA & More focuses its efforts on empowering individuals of all ages to remain living safely in their own homes by providing information and supportive services to older adults, persons with disabilities, and their caregivers.

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