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Man loses appeal to revoke spousal maintenance

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Jennifer Nelson for www..theindianalawyer.com

An ex-husband who sought “all-or-nothing” relief when he asked the court to terminate his ex-wife’s incapacity support instead of reducing it after she remarried lost his appeal before the Indiana Supreme Court.

The justices agreed with the trial court that Anne Stokes’ finances had not changed so substantially that revocation of spousal maintenance was warranted once she remarried. When she and Kevin Gertiser divorced after 25 years of marriage in 2007, the court ordered Gertiser to pay Stokes $1,182.50 in incapacity maintenance per month, finding her legal blindness materially affected her ability to support herself. At the time, her income was under $10,000 per year in Social Security disability benefits and under $1,000 in earnings from part-time medical transcription work from home. Gertiser earned about $144,000 a year at that time.

Both remarried and Gertiser sought to terminate Stokes’ spousal maintenance on the basis that her remarriage created a substantial and continuing change in her financial condition that made any further maintenance unreasonable because Stokes’ husband brought substantial assets and income into the marriage and has a statutory duty to support her. The trial court disagreed and kept the maintenance order in place. The Court of Appeals reversed.

“We recognize this record could have supported Kevin’s position, if the trial court had accepted it. But there is also ample evidence to support the contrary view reflected in the trial court’s findings — and those findings support the refusal to revoke maintenance,” Chief Justice Loretta Rush wrote.

The justices held that courts may revoke incapacity maintenance for recipients whose ability to support themselves is no longer materially affected, even if they are still disabled. Stokes had argued maintenance could only be modified, but never revoked, if one is still disabled.

Addressing the trial court’s findings, the high court noted that proving that a change in circumstances is so “substantial and continuing” as to require revoking maintenance is a steep showing.  The justices also noted that $253,000 of Stokes’ marital assets do not constitute any change in her financial circumstances, and the remaining value of the $371,000 of assets her husband brought to their marriage can be discounted. Of that money, nearly half is his legal interest in a trust that holds title to his parents’ property; and most of the remaining amount is held in retirement accounts for which withdrawals would incur substantial penalties, Rush wrote. She also pointed out that while Stokes’ husband’s income is higher than Gertiser’s, he has to pay more than $2,500 each month in maintenance to his ex-wife and child support.

“Again, revoking maintenance required Kevin to prove not merely that the maintenance award had become unreasonably excessive, but its very existence had become unreasonable. And under the facts as found by the trial court, any change in Anne’s finances was not of a magnitude that made it unreasonable to leave a maintenance order in place. Since Kevin made no alternative argument for a reduction, we need not consider (and express no opinion about) whether a modification might have been warranted. In this procedural posture, where Kevin chose to seek all-or-nothing relief, we agree that these findings support denying the drastic remedy he requested,” Rush wrote in Kevin Gertiser v. Anne Stokes f/k/a Gertiser, 29S02-1511-DR-643.

Governor Pence Announces Full Payoff of Unemployment Insurance Loan

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Governor Mike Pence today announced that the Department of Workforce Development (DWD) has completed the full payoff of the unemployment insurance loan, saving Hoosier businesses $327 million in taxes, which equates to $126 per employee in the state. This payoff removes the Federal Unemployment Tax Act (FUTA) penalty facing employers in January 2016.

 

“Hoosier businesses and employees can now rest assured that this tax on hiring has been eliminated,” said Governor Pence. “Thanks to our prudent fiscal management and financial planning, we are able to save businesses a total of $327 million in 2016 – funds that can be used for hiring new employees, growing existing companies, raising wages, and more. By paying off our unemployment insurance loan, Indiana is proving once again the importance of growing and maintaining healthy state finances.”

 

This payoff of roughly $250 million comes after the Governor’s announcement in October that the state of Indiana would advance funds to DWD to eliminate the outstanding federal unemployment loan, and would eliminate the FUTA penalty on employers, which currently stands at 1.8 percent, the highest penalty in the country. The advance will be repaid to the State from the collections of existing state unemployment taxes. It is expected that the advance will be repaid by the end of fiscal year 2016. Once repaid, the funds used to eliminate the outstanding FUTA penalty will be available to be used for other priorities.

 

Eagles fly west for D2 Vegas Showdown

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University of Southern Indiana Men’s Basketball begins the 2015-16 regular-season campaign November 13-14 in the D2 Vegas Showdown in Las Vegas, Nevada. The Screaming Eagles are slated to play the University of Findlay Friday at 8:30 p.m. (CST) and Lake Superior State University Saturday at 6:30 p.m. (CST).

Game coverage for the Eagles trip to Las Vegas, including live video and audio broadcasts, is available at GoUSIEagles.com. The games also can be heard on WPSR 90.7FM and on WEOA 98.5FM/1400AM.

Daily Off Topic Forum November 11, 2015

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Governor Pence to Offer Remarks at Veterans Day Ceremony in West Lafayette

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Governor Mike Pence, joined by First Lady Karen Pence, will offer remarks at the annual Veterans Day Ceremony at the Indiana Veterans’ Home.

 

“This Veteran’s Day, I urge Hoosiers across our state to extend thanks to the brave men and women who have served in our armed forces,” said Governor Pence. “More than half a million veterans call Indiana home. By simply extending our appreciation to Hoosier veterans, we make one more installment in a debt of gratitude we can never fully repay.”

 

Wednesday, November 11: 

 

1:00 p.m. EST – Governor Pence to offer remarks at annual Veterans Day Ceremony at the Indiana Veterans’ Home

*Media are welcome to attend and are asked to RSVP to Tamara Smith (tamsmith@ivh.in.gov) by 2 p.m. today.

Indiana Veterans’ Home – MacArthur Auditorium, 3851 N River Rd, West Lafayette, IN

 

Thank You Veterans

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Bargain book sale to benefit Library

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The public is invited to a book sale this weekend at Central Library. The Friends, a committee of the Evansville Vanderburgh Public Library Foundation, will hold a smaller version of their popular annual book sale this Saturday and Sunday, November 13 and 14, in the library’s Browning Events Room.

 

Sale hours are Saturday, 10:00 am to 4:00 pm and Sunday, 1:00 to 4:00 pm.

 

Hundreds of books, as well as DVDs, CDs and audiobooks, will be for sale. Most items are priced just 50 cents to $2. Admission is free, and cash and checks will be accepted. Bring bags or boxes to carry your purchases, or bags will be available at the sale.

 

Proceeds from book sales help fund Evansville Vanderburgh Public Library programs and projects.

 

Governor Pence Statement on Fifth Circuit Court of Appeals’ Ruling on President’s Executive Action on Immigration

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Governor Mike Pence issued the following statement in response to the decision of the Fifth Circuit Court of Appeals to uphold the injunction against President Obama’s executive action on immigration.

 

“We welcome the Fifth Circuit Court of Appeals’ ruling that the president cannot unilaterally change the law.  This lawsuit has never been about immigration.  It is about denying states such as ours the opportunity to be represented in policymaking through our elected members of Congress. This ruling is an important step in restoring the rule of law and proper balance in our constitutional system of government.”

Oak Hill Speech Pathologist Receives November Cause for Applause

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Jamie Smith, speech pathologist at Oak Hill School, is the November recipient of the EVSC’s Cause for Applause Award.  The Cause for Applause awards recognize employees who go above and beyond normal job duties.

 

Smith was nominated for the award by one of her students, now a seventh grader at North Junior High. In her nomination letter, the student, who has a stuttering problem, wrote that Smith is always available at any time to help. “Over the summer I was having some problems with my fluency so I emailed her and she gave me different strategies to help me out.” The student goes on to say that Smith has also offered to Skype and do private classes so further help her progression over the summer. During the school year, Smith takes the extra time to email her students the day before to remind them of their speech appointment the next day.

 

The student ends her letter by stating, “She [Smith] works very hard and is great at what she does. She definitely deserves the Cause for Applause award!”

 

Anyone can nominate an employee of the EVSC for the award. Deadline for nominations is the third Friday of each month. Go to http://www.evscschools.com/community/nominate-evsc-employees-exemplary-work for the nomination form. Paper forms are available at the schools for those without access to the Internet.

Veterans Day Military Discounts: Restaurants

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The following is a list of Veterans Day discounts on restaurants for 2015. Please check back frequently as the list is updated daily.

All of the following discounts have been confirmed for 2015, either through press release or direct communication with the company.

Keep in mind that most businesses require proof of military service, which can include a VA Universal Access Card, Military I.D., DD-214 (Discharge Papers), Veterans Service Organization Card (VSO’s include groups like the VFW, DAV, AmVets, MOAA, FRA, and the American Legion), or in some cases businesses will accept a picture of the veteran in uniform.

Note: Not all franchise locations participate in their national chain’s Veterans Day programs – be sure contact your nearest establishment to make sure they are participating.

Make sure to visit the Military.com Discounts Center for more discounts and articles. And sign up for the Military Deals and Discounts Newsletter to get even more discounts and information in your inbox on how Military Families can save big.

2015 Veterans Day Restaurant Offerings:

Applebee’s — Veterans and active duty military receive a free meal from a limited menu, on November 11.

*NEW* Arooga’s — Veterans and active duty military get a free meal from a fixed menu on November 11.

Bar Louie – On November 10 and 11, veterans and active military personnel get a free meal up to a $12 value.

Bob Evans — Veterans and active military personnel receive a free breakfast from a select menu on November 11.

Bonanza Steakhouses — Active duty and retired military get a free buffet on November 11, 4 pm to close.

California Pizza Kitchen – Veterans and active military receive a complimentary entrée from a special menu on November 11.

Cattlemens — Active, inactive, and retired military personnel get a free Small Sirloin Steak Dinner on November 11.

Cheeseburger in Paradise — Active and retired military personnel receive a complimentary burger with fries on November 11.

Chili’s — Veterans and active military service members get a free entrée from a limited menu on November 11.

*NEW* Cracker Barrel — Veterans get a complimentary Double Chocolate Fudge Coca-Cola Cake dessert during lunch and dinner onNovember 11.

Denny’s — Active, inactive and retired military personnel get a free Build Your Own Grand Slam on November 11, from 5 a.m. to noon at participating locations.

*NEW* Figaro’s Pizza — Veterans and active duty service members get a complimentary medium 1-topping pizza on November 11.

Firebirds Wood Fired Grill — Active duty military and veterans get a free lunch or dinner entrée on November 11.

Friendly’s — Friendly’s is treating veterans and active military to a free breakfast, lunch or dinner from a limited menu on Veterans Day,November 11.

Golden Corral — Golden Corral Restaurants’ Military Appreciation Night free dinner will be available on November 11, from 5 p.m. to 9 p.m. Military retirees, veterans, active duty, National Guard and Reserves are all welcome.

*NEW* Gordon Biersch — Veterans and active military personnel receive a free appetizer on November 11.

Hooters — Veterans and active duty military get a free meal from a select menu at participating locations on November 11.

IHOP— On November 11, participating IHOP Restaurants offer veterans and active duty military free Red, White and Blue pancakes from 7 a.m. to 7 p.m.

*NEW* IKEA — Veterans get a free entrée from November 8 through 11.

*NEW* Johnny Carino’s — Veterans and active duty military get a free meal with their choice of unlimited soup or salad from a Veterans Day Menu on November 11.

Krystal — Active and retired military receive a free Krystal Chicken or Sausage Biscuit from 6 AM to 11:00 AM on November 11.

Little Caesars — Veterans and active military members receive a free $5 Lunch Combo from 11:00a.m. to 2:00p.m. on November 11.

*NEW* Logan’s Roadhouse — In addition to the 10% military discount offered every day, military and former military guests will also receive a free dessert on November 11.

McCormick & Schmick’s Seafood Restaurants — On November 8, participating McCormick & Schmick’s Seafood Restaurants will offer a complimentary entree to veterans from a special menu.

Max & Erma’s – On November 11, participating Max & Erma’s locations are offering veterans and active military personnel a free Best Cheeseburger in America Combo meal.

Menchie’s –  All active and retired military personnel will receive a free 6 oz. frozen yogurt on November 11.

Mission BBQ — Veterans and active duty military get a free sandwich and a slice of cake on November 11.

O’Charley’s – Veterans and active duty service members get a free $9.99 meal on November 9, as well as free pie on November 11.

*NEW* Olive Garden – On November 11, all veterans and current service members get a free meal from a limited menu. Family members dining with them enjoy 10% off of their meals.

On the Border — Veterans and active duty military can enjoy a free meal from the “Create Your Own Combo menu” on November  11.

Orange Leaf — Veterans and active duty military get a free cup of froyo on November 11.

Outback Steakhouse – All active and former service members receive a free Bloomin’ Onion and a beverage on November 11. Outback is also offering active and former service members 15% off their meals Nov. 12 through Dec. 31.

*NEW* Pizza Schmizza — Veterans and active duty service members get a free slice of pizza on November 11, between 1 and 4 p.m.

Ponderosa Steakhouse — Active duty and retired military get a free buffet on November 11, 4 pm to close.

Red Hot & Blue — Veterans receive a free entrée with the purchase of a second entrée on November 9, 10 and 11. Coupon required.

*NEW* Red Lobster — Veterans, reserve and active-duty military personnel receive a free appetizer or dessert from a limited menu from November 9 through November 12.

*NEW* Red Robin – Veterans and active duty military get a free Red’s Tavern Double Burger with Bottomless Steak Fries on November 11.

Rock and Brews — Veterans and active military personnel receive a complimentary pulled pork sandwich with a side choice throughout the day on November 11.

Ruby Tuesday — Veterans, active duty and reserve service members get a free appetizer on November 11.

Sammy’s Woodfired Pizza & Grill — Sammy’s Woodfired Pizza & Grill is offering the choice between complimentary hummus served with grilled herb flatbread or garlic cheese bread on November 11.

Shoney’s — Shoney’s will offer a free All-American Burger to veterans and active duty service members on November 11.

Sizzler — Sizzler offers active duty and veteran military members a free lunch and beverage from a limited menu on November 11 until 4 p.m.

Spaghetti Warehouse — From November 9 through November 11buy one entrée and get the second entrée free. Coupon required.

Sticky Fingers — Veterans, active, inactive or retired servicemen and servicewomen get a free entrée up to a $12.99 value on November 11. In addition to the free meal, veterans who dine-in get a coupon valued at $10 to be used on their next visit.

Texas Roadhouse — Texas Roadhouse locations nationwide will offer veterans a free lunch on November 11 from 11:00 a.m. to 2:00 p.m. Offer is good for active duty, retired or former U.S. military.

TGIFridays — Veterans and active duty military get a free lunch from a select menu on November 11 from 11 a.m. to 2 p.m.

Uno Pizzeria & Grill – Veterans and active military get a free entrée or individual pizza with an entrée or pizza purchase of equal or greater value on November 11.

Village Inn — Veterans and active military personnel receive a free breakfast on November 11 from a select menu at participating locations. Village Inn is also providing a “Thank you For Your Service Card valid for 20% off on the next visit.

Wienerschnitzel — Veterans and active duty military receive a free Chili Dog and a small Pepsi on November 11.

World of Beer – All veterans and current service members receive a free select draught beer on November 11.

IS IT TRUE we want to remind to to vote in todays CCO “READERS POLL? …todays question is; “Do feel that EPD Public Information Officer Jason Cullum should be allowed to censor the CCO from getting Daily Activities police reports”?

 

 

 

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