Defamation Claims in Indiana

Under Indiana law, the elements of a defamation claim are: a communication with defamatory imputation; malice; publication; and Damages. Bochenek v. Walgreen Co., 18 F.Supp.2d 965 (N.D.Ind. 1998). A plaintiff must also prove that the defendant’s fault in publishing the statement amounted to at least negligence. Defamation Per Se In Indiana, a communication constitutes defamation […]

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How Is Income Treated When Applying For Medicaid?

We previously discussed the differences between assets and income in regards to applying for Medicaid. Now we will examine how Medicaid treats income. The information below is an abbreviated overview of individual income taken into account for eligibility under Medicaid. For married couples, both incomes are considered when determining Medicaid eligibility.  When the income is […]

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Medicaid’s Spousal Impoverishment Protection Law

The Spousal Impoverishment Protection Law applies for nursing home admissions occurring on or after September 30, 1989. Protection under the law applies to nursing home, in-home and community type care services under the Medicaid Aged and Disabled Waiver. The purpose of the law is to allow the community spouse to keep some of the couple’s […]

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How is child support calculated in Indiana?

The Indiana child support guidelines state that a child’s quality of life should not be affected by a divorce. One tool the courts use to ensure children are able to maintain their lifestyle is child support, which is typically paid by the noncustodial parent. If you’re filing for a divorce with a child involved, you […]

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Is Alimony Allowed In Indiana?

Unlike many states, Indiana does not recognize alimony. Instead Indiana provides for spousal maintenance. Some may call this just another form of alimony. However, receiving maintenance payments are more difficult and not automatic. Spousal Maintenance In Indiana Indiana presumes each spouse will work and support themselves after separation. The exception to this is where one […]

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