Appellate court affirms reinstatement of father’s license

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The Indiana Court of Appeals split Thursday over whether a father who was more than $100,000 behind in child support should be allowed to have his driving privileges reinstated.

In Denise A. Mertz a/k/a Denise A. Grimmer v. Robert G. Mertz, 64A03-1108-DR-360, Robert Mertz sought in 2010 to modify his child support obligation regarding his youngest daughter, J.M. At the time, Mertz had been found in contempt twice for not paying child support, jailed twice, and had criminal charges filed against him for not paying. His driving privileges were suspended in 2008 pursuant to Indiana Code 31-16-12-7 for not paying.

The trial court granted Mertz’s motion, citing that his income had dropped since 2005, when the last support order was entered. Imputing his income at $1,000 a week based on Mertz's employment skills and the economy, the judge ruled he was to pay $49 toward his current support and $62 to educational expenses, with the remaining amount toward his arrearages, which the judge said could be as much as $100,000. Mertz agreed to pay half of his income wages toward these amounts.

The judge also reinstated Mertz’s driver’s license because of his plan to pay back his owed support.

His ex-wife, Denise Grimmer, objected, arguing that Mertz has a history of hiding his income and his driving privileges shouldn’t be reinstated.

The appellate court has yet to look at I.C. 31-16-12-7 and -11, which deal with license suspension and reinstatement for failure to pay child support. Section 11 says the court may stay the suspension if the person pays the child support arrearage in full; or an income withholding order under I.C. 31-16-15 … is implemented and a payment plan to pay the arrearage is established.

Judges Nancy Vaidik and Edward Najam upheld the license reinstatement, pointing out the judge realized if Mertz is able to drive, he is more likely to meet his support obligations. His plan to pay one-half of his income toward his obligation was sufficient, they held.

Chief Judge Margret Robb dissented on this point, writing, “Given that the two alternatives for reinstatement are to pay in full or establish a payment plan to pay, the ‘plain, ordinary, and usual meaning’ of ‘a payment plan to pay the arrearage’ is a plan that will pay the arrearage in full, not simply pay toward or pay down the arrearage.”

Robb calculated that that statutory interest alone on $100,000 of arrearage would exceed $140 a week, and Mertz’s payment plan will barely make a dent in it.

If Mertz established a plan to pay the maximum amount allowed by law – 65 percent of his income – then she believes the trial court could have reinstated his driving privileges.

The judges unanimously upheld the decision to modify Mertz’s support obligation.



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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues