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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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