The law firm of Holt Fleck & Romine, LLP is dedicated to diligently fighting for your rights in matrimonial and family law disputes. Our family law attorneys, Steven A. Holt and Carol Jean Romine, have extensive experience in negotiating and collaborating towards a positive outcome. Mr. Holt has been a successful litigator for over 38 years and Ms. Romine is a certified family law mediator, a Parent Coordinator, and a member of the Central Association of Collaborative Professionals. Our familiarity with a broad range of dispute resolution methods allows us to address all of our clients' matrimonial and family law issues in the manner that best fits their needs and long-term goals.
Divorce Child Custody Parenting Time Child Support Relocation Paternity Spousal Maintenance and Alimony Property Division Step-Parent Adoptions Grandparent Rights Dispute Resolution
Collaborative Law Services Mediation Services Parent Coordinator Services
DIVORCE
The decision to dissolve a marriage is one of the biggest decisions a husband or wife will ever make, and one that requires a competent attorney with extensive family law experience. Depending on the unique circumstances of each case, the attorney must decide whether an adversarial approach is necessary or whether a collaborative approach is possible. In either case, the attorney must be knowledgeable about statutory and case law concerning property divisions, custody, parenting time, child support, alimony, spousal maintenance, and other factors related to divorce. Steve Holt has 38 years of family law experience with a focus on negotiation and litigation. Carol Romine has 16 years of family law experience with a focus on negotiation, mediation, and collaboration.
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CHILD CUSTODY
Child custody is one of the most hotly contested issues in family law because it involves one of the most important parts of your life – your children. We understand how important child custody issues are and we will aggressively advocate for your interests. - Legal and Physical Custody
Legal custody refers to the parents' right to make decisions for or on behalf of the children and physical custody refers to the parents' right to provide the child's primary residence. Neither category refers to the amount of time the child spends with the parent. Parents who are capable of communicating and cooperating with each other in advancing the child's welfare may be awarded or agree to joint legal custody. - Burden of Proof in a Custody Proceeding
A parent seeking custody in a dissolution action has the burden of proving it is in the child's best interests for that parent to have custody. A parent seeking to modify an existing custody order, however, must prove that a change of circumstance has occurred such that the existing custody order is no longer in the child's best interests. The court will render a decision after hearing evidence in accordance with statutory factors (I.C. 31-17-2-8). - Avoiding Custody Proceedings
There are several websites that help parents avoid the adversarial process and teach them how to co-parent as they move through the separation process and beyond. www.uptoparents.org is intended to help divorcing parents. www.proudtoparent.org is intended to help never married but separating couples with children, and www.nodivorcetoday.org is intended to help parents who are contemplating separation. www.collaborativepractice.com is a website that explains the legal process of formal collaboration. Custody is an issue that requires different lawyer skills based on the needs of the client and his or her family. Some cases simply can't get settled through negotiation or collaboration and you will want an attorney with major litigation experience on your side. Steve Holt has that experience and will zealously represent your best interests.
On the other hand, litigation is completely inappropriate for people who are ready and willing to collaborate towards a positive outcome for everyone. Carol Romine is a collaborative attorney who can shepherd you through the process without going to court. Back to the top
PARENTING TIME Parenting time refers to the time a parent spends with his or her children. The specific parenting time schedule will be found in the parties' court orders. The parties may agree on a parenting time schedule or a court may order the schedule based on what is in the children's best interests. While the parties or a court may rely on the recommendations of the Indiana Parenting Time Guidelines, those recommendations represent the minimum time a non-custodial parent should spend with a child.
The attorneys at Holt Fleck & Romine will help you determine the best parenting time schedule for your family. Further, they will propose creative parenting time schedules for parents who desire equal time or have unusual work hours. Back to the top
CHILD SUPPORT Child support is calculated on the recommendations of the Indiana Child Support Rules and Guidelines, which are based on an Income Shares Model. The Income Shares Model results in a child receiving the same proportion of parental income that he or she would have received had the parents remained married. - Child Support Calculation
The Guidelines are revised every four years to account for cost of living increases and takes into consideration the division of expenses between the parents. The expenses that are considered in such calculation are those controlled by the custodial parent, such as uninsured medical expenses, those that are transferred to the other parent because they go with the children, such as food expenses, and those that are duplicated by both parents, such as shelter and utility expenses. The expenses incurred by the noncustodial parent are reflected in the parenting time credit he or she receives based on the number of overnights the children spend with that parent. -
Noncustodial Parent May Receive Support In 2010, the Guidelines created a rebuttable presumption that a custodial parent will owe child support to the noncustodial parent if the parenting time credit results in a negative number to the noncustodial parent. That generally only happens if the custodial parent makes significantly more money than the noncustodial parent or if the parents exercise nearly equal parenting time. -
Modification of Child Support In order to modify child support, a parent must show a change of circumstance so substantial and continuing as to make the existing order unreasonable or upon a showing that a current calculation would result in a support obligation that is 20% different from the current order AND the exiting order was issued at least twelve months prior to the petition to modify. With certain exceptions, the court may not modify support prior to the date a petition to modify was filed with the court.
The attorneys at Holt Fleck & Romine are familiar with the newest version of the Indiana Child Support Rules and Guidelines. Carol Romine and Steve Holt will advise you of your rights concerning alimony and maintenance and will represent your interests through the appropriate means of dispute resolution. Back to the top
RELOCATION OF EITHER PARENT Both parents must give written notice to each other and to the court with jurisdiction over the children ninety (90) days prior to his or her intention to relocate. The notice must be sent by certified mail and must include the information set forth in the statute, including but not limited to the reason for the move, the new address and phone number, and how parenting time might be impacted by the move. If the other parent has no objection to the move, he or she need do nothing and the existing custody, parenting time and child support orders will remain in effect. If the other parent objects, he or she may seek modification of custody, parenting time and child support based on the party's belief that the relocation is not in the child's best interests. Be aware that this statute requires a moving parent to give written notice as set forth above even if they are only moving across the street.
The attorneys at Holt Fleck & Romine are familiar with the issues at stake in a relocation case. Be sure to consult with one of them if you are contemplating a long-distance relocation with children. Back to the top
PATERNITY
The biological mother of a child born out of wedlock has sole physical custody of the child unless a court of law issues an order to the contrary. However, in the absence of a court order, the mother may or may not receive support for the child. In order to avoid confusion about parental rights and obligations, the attorneys at Holt Fleck & Romine recommend that parents petition the court for a Decree of Paternity that sets forth custody, parenting time, child support and other child related matters.
The attorneys further recommend that the parties obtain DNA results PRIOR to signing an Affidavit of Paternity no matter how sure they are that a particular person is the biological father. The ramifications of signing an Affidavit of Paternity are so significant, and the time for rescinding the document is so short, that both parties will benefit by taking the time to determine paternity at the time of birth.
Be sure to talk to Steve Holt or Carol Romine if you need help determining parental rights and obligations in a paternity case. Back to the top
SPOUSAL MAINTENANCE AND ALIMONY
An alimony provision in a divorce decree provides for the support and maintenance of a spouse for a set period of time or until a particular event occurs, such as remarriage or death. Alimony is generally paid out of the obligor's future income rather than marital assets, and is not considered a property division. Alimony must terminate upon the death of the spouse receiving alimony in order to qualify as alimony for income tax purposes. While certain rules apply, the person paying alimony may generally claim the payments as a deduction against income while the person receiving the payments must generally include the payments as income. Indiana courts do not have the jurisdiction to order alimony absent agreement of the parties. Therefore, the court may not modify an alimony order absent agreement of the parties. A court in Indiana may order maintenance under certain circumstances, as follows:
- Disability of Spouse. If a spouse is physically or mentally disabled to the extent that the ability of that person to support himself or herself is materially affected, the court may order maintenance during the period of incapacity.
- Disability of Child. If a spouse has insufficient property or income to support herself or himself and that spouse is the custodian of a disabled child that requires the custodial parent to forgo employment, the court may order maintenance for an appropriate amount of time.
- Rehabilitation of Spouse. After considering various factors, considering among other things whether an interruption in the education, training or employment of a spouse occurred during the marriage as a result of homemaking or child care responsibility, a court may order rehabilitative maintenance for a time not to exceed three (3) years.
Unlike alimony, a court in Indiana may modify maintenance orders.
The attorneys at Holt Fleck & Romine are up-to-date on the latest case law interpreting the statutory requirements for alimony and maintenance. Back to the top
PROPERTY DIVISION IN DIVORCE The marital estate is made up of all the property owned by the parties individually or jointly and all of the debt owed by the parties individually or jointly on the date one of them filed a petition for dissolution of marriage. This includes such things as retirement accounts and property held by the parties prior to the marriage. It does not include debts or assets that are incurred after the date of filing.
A court in Indiana must presume that an equal division of the marital estate is just and reasonable. However, this presumption may be rebutted by either party based on the specific circumstances of your case. The attorneys at Holt Fleck & Romine will gather the information necessary to determine the value of the marital estate and then to determine whether the 50/50 presumption should be rebutted. Back to the top
STEP-PARENT ADOPTIONS As a rule, a step-parent adoption requires consent of the biological parent who is willing to give up his or her parental rights. However, there are many exceptions to the rule. The most common exception states that consent of the biological parent is not required if, for a period of one (1) year, that parent: - fails without justifiable cause to communicate significantly with the children when able to do so; OR
- knowingly fails to provide for the care and support of the child when able to so as required by law or judicial decree.
However, notice of an adoption to the biological parent is frequently required even when consent is not. Carol Romine and Steve Holt will lead you through the adoption process in the most expeditious and least expensive manner available. Back to the top
GRANDPARENT RIGHTS
The court may grant visitation rights to grandparents if the court determines that visitation rights are in the best interests of the child and if;
- The child's parent is deceased;
- The marriage of the child's parents has been dissolved in Indiana; or
- The child was born out of wedlock and the child's father has already established paternity of the child.
There is extensive case law concerning the matter of grandparent visitation and the attorneys at Holt Fleck & Romine are well versed in that law.
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DISPUTE RESOLUTION Family law disputes may be resolved through a variety of legally binding actions including negotiation, collaboration, mediation, arbitration, and litigation. Each is a type of dispute resolution. The processes of negotiation, collaboration and mediation are non-adversarial processes that result in outcomes that are agreed upon by the parties with the advice of their attorneys. Arbitration and litigation, on the other hand, are adversarial processes in which the outcomes are imposed on the parties by a judge or an arbitrator.
The attoreys at Holt Fleck and Romine are committed to helping you determine which dispute resolution technique would be best for your case.
Negotiation is a process in which the parties' attorneys help their clients reach an agreement concerning a family law dispute. While attorneys frequently collaborate during the negotiation process, there is no formal commitment to the collaboration process and the attorney may use other forms of dispute resolution if the negotiation process is not successful.
Steven A. Holt and Carol J. Romine are accomplished and successful negotiators who can help you determine if the negotiation process is the best dispute resolution technique for your case.
An informal collaboration is an agreement between two attorneys or two parties to attempt to resolve a case without the adversarial process of litigation. A formal collaboration is a contractual agreement between two attorneys and two parties that they will resolve their dispute through collaboration. In a formal collaboration, the parties agree in advance that both attorneys will withdraw from the case if they are unable to settle the case without litigation or arbitration. A major advantage of formal collaboration is that both parties and their attorneys have a financial stake in a successful outcome through the collaborative process. An even bigger advantage for divorcing parents is that their children will not be exposed to the sometimes ugly and always adversarial process of litigation or arbitration. Carol Romine and Steven Holt have practiced cooperative and collaborative law long before the formal process came into being in Indiana. Carol is also a member of the Central Indiana Association of Collaborative Professionals. Mediation is a process in which the parties select a neutral third person, the Mediator, to assist them in reaching agreement about a family law dispute. Unlike arbitration or litigation, the mediation process does not result in a decision that is imposed on the parties. The mediator's job is to help the parties reach agreements about the matters in dispute.
Steven A. Holt and Carol Romine have extensive experience in the mediation process. Further, Steven is a Certified Civil Law Mediator and Carol is a Certified Family Law Mediator. Arbitration is a process in which a neutral third person, the Arbitrator, renders a decision about a family law dispute after the parties put on evidence. Unlike negotiation, collaboration, or mediation, the arbitration process grants authority to a third party to impose a decision on the parties. However, unlike litigation, arbitration does not occur in a public courtroom. Carol Romine has offered arbitration services through the Heartland Pro Bono Council. Litigation is a process in which a judge, magistrate, or other court-appointed official imposes a decision on the parties after they put on evidence in a public courtroom.
Steven A. Holt has thirt years of litigation experience and Carol J. Romine has sixteen years of experience in avoiding the litigation process.
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COLLABORATIVE LAW SERVICES
Carol Romine is a member of the Central Indiana Association of Collaborative Professionals. In order to obtain a full understanding of collaborative law, please take the time to visit the website for the Academy of Collaborative Professionals located at www.collaborativepractice.com. Among other things, you will find a video that takes you through the entire collaborative process. While formal collaboration is relatively new in Indiana, Carol has spent the last 16 years steering clients away from the adversarial process of litigation. Back to the top
MEDIATION SERVICES
Benefits of Mediation: - Avoid going to court
- Avoid uncertain outcomes
- Reduce litigation costs
Services Available: - Mediation Suite with conference and caucus rooms
- Lunch provided
- Mediator will travel to your location
- Mediator has particular knowledge of Indiana case law, Indiana Parenting Time Guidelines and Indiana Child Support Rules and Guidelines
- Mediator available to sort through last minute parenting time and Holiday issues
- Mediator will make every effort to work around your schedule
Carol Romine is a collaborative family law attorney and certified family law mediator who believes mediation should be available and affordable for every client. Call our office for rates.
PARENT COORDINATOR SERVICES
A Parent Coordinator ("PC") is a psychotherapist, counselor, or Certified Family Law Mediator who is appointed by the court to help high conflict parents reduce their ongoing differences. The Parent Coordinator is not permitted to offer therapy, counseling or legal advice, but is responsible for helping parents implement court orders. This task frequently entails helping the parents reduce court orders that are somewhat vague and not generally understood by most people, to very specific language that can't be misunderstood or manipulated by one of the parties. Carol Romine is well informed about the damage that occurs to children of high-conflict parents. She will review the research while helping her clients learn a less adversarial way to co-parent. Carol is a trained Parent Coordinator.
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