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After children are grown, custodial parent still a victim of nonsupport

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The Indiana Supreme Court ruled that a mother was a victim of a father who failed to pay support for his three children even years after the kids were grown.

Justices overturned a Court of Appeals ruling on Friday in Felix C. Sickels v. State of Indiana, 20S03-1206-CR-308. The Court of Appeals ruled the trial court erred in holding that the custodial parent was a victim of the non-custodial parent’s nonsupport.

“We hold that the trial court was well within its discretion to find that the custodial parent was the ‘victim,’” Justice Loretta Rush wrote for the unanimous court.

Felix Sickels had been charged in 2001 with failure to support his dependent children. He had moved to Michigan and wasn’t extradited until 2010, by which time his children were emancipated adults. He was convicted in 2011, ordered to serve 10 years through community corrections and pay the mother more than $84,000 in child-support arrearage.

Rush wrote that there were sound public policy considerations for why the custodial parent should be considered a victim, not the least of which is that directing restitution to children could create concerns about enforcement of support orders.

“We do not hold that a custodial parent whose children are now emancipated is the only possible ‘victim’ under these circumstances, but that a custodial parent is entitled to a presumption that he or she has suffered an ‘injury, harm or loss’ as a direct result of the noncustodial parent’s failure to pay child support. As a result, and barring an unusual circumstance, the custodial parent will be the recipient of criminal restitution for child-support arrearage in cases where the children have been emancipated,” Rush wrote.








 

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  2. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  3. Don't we have bigger issues to concern ourselves with?

  4. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  5. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

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