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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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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

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