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Questions Answered by Timothy Coe
1 Answer | Asked in Libel & Slander for Indiana on
Q: Can we sue over someone bad mouthing us?

My husband repaired someones vehicle. He charged them considerably less then he has charged others for the same repair. Approximately 2 months after the return of the vehicle it started acting up again. When my husband found out he tried to make contact with the owner to check the vehicle out. The... Read more »

Timothy Coe
Timothy Coe answered on May 14, 2015

I would say that the best thing to do is that if you get sued by the car owner to counterclaim for defamation, and any other tings you might be able to think of. Defamation is a complicated area of the law, so I'd recommend talking to a local lawyer to whom you can tell all of the facts within the... Read more »

1 Answer | Asked in Libel & Slander for Indiana on
Q: Doctor with established expertise in field. Do I have grounds for a libel/slander case?

I am doctor with a reputation of expertise in my field. I received disciplinary action as a result of untrue statements made by another doctor in a position of unofficial authority over me. This person provided a false formal written statement to be placed in my personnel file in support of a... Read more »

Timothy Coe
Timothy Coe answered on May 14, 2015

Based solely on the facts presented, yes, with a caveat. That caveat being that there may be some privilege within the profession or recognized in the law that may absolve her of such liability. It is best to speak with a local lawyer with whom you can divulge all of the facts. There are 5 basic... Read more »

1 Answer | Asked in Libel & Slander for Indiana on
Q: Can I be sued for telling others about things that actually happened?

This is more related to my wife. She was in Las Vegas celebrating a friends 30th birthday. A very close male friend of ours that is also married was there for business at the same time and they met up for drinks. He made sexual advances towards her that were rejected. He is now claiming that he... Read more »

Timothy Coe
Timothy Coe answered on May 14, 2015

In Indiana truth is an absolute defense to libel or slander, which I will call defamation. Because of the absolute defense other torts that are recognized in other jurisdictions are not in Indiana. A defamation case requires 4-5 elements; 1. a false statement, 2. about the plaintiff, 3. published... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: My husband divorced me without my knowledge. I am raising our two oldest handicap grandchildren what am I entitled too?

We have been married this time for 3 years but have continually lived together for 10 years.

Timothy Coe
Timothy Coe answered on May 14, 2015

You need to hire a lawyer right away. If you didn't know about the divorce then there was probably a problem with service, or some other notice problem. Then whatever happened there, he was able to go about getting a divorce by whatever terms he chose. You probably should get a lawyer to get back... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: My ex was court ordered to pay 87% of the child care 2 months ago. He hasn't paid any of it. How do I enforce?

I am in contempt by not putting utilities and such in my name but I haven't been able to afford it due to paying $1,200 a month in child care by myself. He's trying to appeal the part of the final order where the judge gives me equity so I don't know if his money is tied up in legal fees or what.

Timothy Coe
Timothy Coe answered on May 14, 2015

A cross petition to the contempt motion would have been the best thing to do. But failing to abide by a court order by any party can bring contempt sanctions. If you don't bring it up to the court, the court won't know about it. A motion for a Rule to Show Casue (i.e. contempt) is the means to... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: Can you get child support payments terminated if the kids no longer live with the parent receiving payments?

He has custody and is paying her because the kids were staying with her during the school week. This is no longer the case. The kids are staying exclusively with him now and have been for a month. She basically does nothing for the kids. Can the order to pay child support to her be reversed or... Read more »

Timothy Coe
Timothy Coe answered on May 14, 2015

Yes. The child support obligation can be modified whenever there is a "significant change in circumstances." Generally a significant change in circumstances is when the income, or the parenting time obligation changes by 20% or greater. It sounds, from the limited facts presented, that this would... Read more »

1 Answer | Asked in Libel & Slander for Indiana on
Q: Can family sue family for slander in Indiana?

My boyfriend got into it with his aunt. And decided to expos her on his TV show. He showed a conversation he had with her through private messaging. As well as it showed her profile picture. And he also mentioned names in his show. His show airs on a library channel.

Timothy Coe
Timothy Coe answered on Apr 29, 2015

From what you said it doesn't sound like there is anything untrue about what was said. Indiana might not recognize the tort of publication of private facts, so I don't see a case of it here. If Indiana still recognizes a private facts claim, the elements are: (1) a public disclosure of private... Read more »

1 Answer | Asked in Libel & Slander for Indiana on
Q: Online Libel

An unknown person or persons has published libelous information about me on some website that's supposed to be used for consumer reviews and complaints. They said I'm a hacker, identity thief, stalker, etc. One of them used a name I've never heard of and claimed she had a relationship with me where... Read more »

Timothy Coe
Timothy Coe answered on Apr 29, 2015

Yes, you can file a case for defamation and name John or Jane Does as defendants, as well as the company, until you find out who they are by serving the company with subpoenas to produce the IP addresses of the posters. It will take a little work, but if these statements are damaging your... Read more »

1 Answer | Asked in Libel & Slander for Indiana on
Q: Can someone file slander charges if you post on facebook about an exhusband using your credit card illegally

My ex husband's girlfriend is threatening slander charges because I posted on facebook he used my credit card after our divorce was filed and I filed charges. He sent me text messages an admitted to it.

Timothy Coe
Timothy Coe answered on Apr 29, 2015

Truth is an absolute defense to libel (which is what it would be since it was in print). In fact a related claim that Indiana doesn't recognize, called publication of private fact, would also be unavailable to her because truth is seen as such an absolute defense. If such a case does get filed... Read more »

1 Answer | Asked in Libel & Slander for Indiana on
Q: Can I file libel or slander charges against someone who has continually spread lies in emails to other people about me?
Timothy Coe
Timothy Coe answered on Apr 29, 2015

With libel, it matters a great deal what was said and how it was received by the reader. There is also a consideration of who you are in the community, and the subject matter of the conversation. These cases are very fact heavy, so you need to speak with a lawyer who can know all of the facts.... Read more »

1 Answer | Asked in Libel & Slander for Indiana on
Q: If a previous employer was telling customers that I was a thief, and had no actual proof of said crime, is there a case?
Timothy Coe
Timothy Coe answered on Apr 29, 2015

Did you suffer an economic or reputational loss in your community? If so, then there is a possibility of a case.

1 Answer | Asked in Divorce for Indiana on
Q: Can my ex husband still be responsible for our mortgage. Both names are still on the mortgage.
Timothy Coe
Timothy Coe answered on Apr 29, 2015

He can, but that doesn't mean he necessarily will. If he is to be responsible for the mortgage, you will have to move out and sign a quit claim deed to him. He will then need to refinance the house solely in his name.

1 Answer | Asked in Divorce for Indiana on
Q: Husband wants divorce, no kids--9 years married. His name only on house, I'm disabled have low income. Will we split all
Timothy Coe
Timothy Coe answered on Apr 29, 2015

More information is needed to answer your question accurately. Every divorce, just like every marriage, is unique to the people and circumstances. It would be best to talk to a local attorney who can know all of the facts to answer your specific questions.

Best of luck!

1 Answer | Asked in Divorce for Indiana on
Q: I've been married alomst 4 yrs in indiana. I inhereted my home. Is she entitled to anything.............jeff
Timothy Coe
Timothy Coe answered on Apr 29, 2015

Probably. There are way too many factors to consider in this question without more facts to give an accurate answer. The best thing to do is either give all the facts, which I wouldn't recommend in an open forum like this, or talk to a local lawyer who can know all of the facts.

Best of...
Read more »

1 Answer | Asked in Divorce for Indiana on
Q: If vehicles are in my name and I add another name to title is it Left Out Of divorce
Timothy Coe
Timothy Coe answered on Apr 29, 2015

No, that would be seen as trying to hide assets from the court and can get you in a lot of trouble. If you got the vehicle during the marriage it is considered marital property and thus subject to division if the parties cannot agree to some kind of equitable arrangement.

Don't think that...
Read more »

1 Answer | Asked in Divorce on
Q: I had a civil marriage and a religious marriage in Canada, but got a divorce in Greece, am I legally divorced for Canada
Timothy Coe
Timothy Coe answered on Apr 29, 2015

So long as all of the rules that Greece has for a divorce were followed then Canada Should recognize the divorce. But, I don't practice law in either country, so take what I say with a grain of salt. Any state in the U.S. would recognize a Greek divorce, so that's what I'm basing that answer on.... Read more »

1 Answer | Asked in Divorce for Indiana on
Q: I have been married for 3 years. Can my wife still take my pension and annuity?
Timothy Coe
Timothy Coe answered on Apr 29, 2015

Typically only the portion of the pension that was earned while married is subject to a split of marital property. But these issues get very technical and sometimes complicated to do a Qualified Domestic Relations Order QDRO. I would definitely recommend talking to an attorney.

1 Answer | Asked in Divorce for Indiana on
Q: Can a judge force you to get a divorce in indiana?
Timothy Coe
Timothy Coe answered on Mar 11, 2015

The only person who can force you to get a divorce is your spouse. If you refuse to participate in the divorce proceedings the judge can, and probably will, grant the divorce to the spouse by default.

1 Answer | Asked in Divorce for Indiana on
Q: I filed for divorce nearly a year ago and my wife will not sign the papers. We had no children or property together.

We also do not share any debt. Do I have to re-file or can I just petition the court to finalize and force her hand?

Timothy Coe
Timothy Coe answered on Mar 11, 2015

Depending on whether she "appeared" in the case you may be able to just ask the court for a default.

1 Answer | Asked in Divorce for Indiana on
Q: I was married in Iowa we both live in Indiana can we be divorced in indiana
Timothy Coe
Timothy Coe answered on Mar 11, 2015

Yes, you can be divorced in Indiana so long as you have lived in Indiana for 6 month, and lived in the county in which you file for 3 months.

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