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In contested family law cases, clients frequently ask how a child’s wishes with regard to parenting time or custody can be presented to the judge. Indiana law states that a child’s wishes may be considered beginning at age 14; however, for younger children, and even children over the 14-year threshold, it is not often in...
Before December 1, 2016, employers need to ask themselves a critical question: Does my business employ anyone who works more than 40 hours per week who (a) receives an annual salary of less than the new federal standard rate of $47,476.00 ($913/wk.) and (b) does not receive overtime pay? If the answer is “yes” the...
This article continues a series intended to assist readers who expect to one day sell their businesses — often as a prelude to retirement. Previous articles have discussed the importance of planning ahead, taking a complete inventory of the business, and hiring the necessary professional advisors. Now we turn to Rule Number Four: Use Non-Disclosure...
In previous articles in this series it was emphasized that a business owner who wants or expects to sell his business should (1) plan to sell sooner rather than later, and (2) take an inventory of the entire business. Once a business owner makes a comprehensive inventory of his business and knows what he has...
Once a business owner has located a prospective purchaser of the business, whether that may be a business insider or an unrelated buyer, the business owner needs to undertake an inventory of the business. This is far more than simply counting supplies, inventory, desks, chairs and other tangible property. The owner needs to fully understand...
Sooner or later the owner of a small business should begin to ask this question: What is the best way for me to leave this business when I am no longer capable of running it or lose interest in it? There are three possible answers to this question. First, the owner can slowly wind down...
In Indiana, employers must ensure that their employees are authorized to legally work in the United States. Employers may use an I-9 form as required by federal and state law, but companies conducting business with federal, state, or local public entities are required to utilize E-Verify. E-Verify is an online system available through the United...
Lawyers’ rules of ethics, known as the Rules of Professional Conduct in Indiana, require that lawyers keep the confidences of their clients. These rules are extremely broad and generally prohibit the lawyer from disclosing any information in the lawyer’s possession relating to the lawyer’s representation of a client unless the disclosure is made with the...
Without a premarital (or prenuptial) agreement under Indiana law, all property brought into a marriage or acquired during a marriage is part of the ‘marital pot’ and is subject to division in a divorce. Property division starts with a 50/50 presumption. All property is subject to division and there are only certain arguments which support...
There are many types of fee agreements Indiana lawyers can make with their clients. Hourly-rate agreements, contigency fee agreements, retainer agreements, and flat fee agreements are all commonly recognized fee arrangements. But all such agreements and the duties of lawyers in respect to these fee agreements are subject to the rules of ethics adopted by...
Wills do not need to be complicated, and for most families they can be truly helpful. They also have a number of advantages over trusts as a means of transferring property from one generation to another. Indiana has no estate tax and under federal law a married couple can shield more than ten million dollars...
Severance agreements are an increasingly common form of document used when an employer decides to release an employee from employment. The reasons for ending the employment relationship can vary dramatically from benign reasons, such as a reduction in force, to more acrimonious circumstances such as those that typify firing an employee for behavioral reasons. In...
Around tax time, if you are divorced with children, are going through a divorce, or have an order on custody or parenting time from a paternity matter, there are important tax issues to address with your co-parent. Knowing what to discuss and discussing these topics early can alleviate conflict and provide sufficient time to resolve...