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Amendment to law allows father to terminate child support

February 28, 2013
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An amendment to Indiana Code last year lowering the age child support may be terminated to 19 trumped a previous dissolution decree that said a father must pay support for his son until he turns 21, the Indiana Court of Appeals has decided.

In David A. Turner v. Debbie L. Turner, 85A02-1208-DR-704, David Turner argued that based on the July 2012 amendment to Indiana Code 31-16-6-6, the trial court should have granted his petition to terminate child support for his 19-year-old son Cody. The amendment says the duty to support a child, which does not include support for educational needs, ceases when the child becomes 19, with some exceptions not applicable to the Turners.

When David Turner and his wife Debbie divorced in 2000, the final dissolution decree said that David Turner would pay child support for Cody until he reached the age of 21, or is married, leaves home or is emancipated. After the amendment that decreased the age for termination of child support took effect, David Turner sought to stop paying support for Cody.

Debbie Turner believed the dissolution decree entered in 2000 should remain in place. The trial court noted that the language in the decree was “boilerplate” and reflected Indiana law at the time, but denied David Turner’s petition.

“Indeed, the language used by the trial court in the decree, which tracks most of the situations that would trigger the termination of child support, makes clear that the trial court took its lead from the legislature and followed the existing law at the time of the decree regarding the duration that Father would be required to pay child support for Son,” Judge Rudy Pyle III wrote. “However, the trial court ignored the changes in the law regarding the termination of child support. The trial court’s failure to follow the law as set forth by our legislature was an abuse of discretion.

“The trial court had no discretion to go outside the law set out in the termination of child support statute and to extend Father’s duty to pay child support beyond what is required by the law.”

The judges remanded to the trial court to enter an order granting David Turner’s petition and to terminate child support effective July 1, 2012.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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