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Appellate court tackles child support issues

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In three opinions released Wednesday, the Indiana Court of Appeals ruled on child support issues – the application of Social Security benefits to an arrearage and whether two fathers who were incarcerated for not paying child support could have their support obligations modified.

In Jonathon D. Douglas v. State of Indiana and Indiana Family & Social Services Admin., as Assignee of the Support Rights of Mechelle (Allen) McCrory, No. 40A01-1009-DR-466, and companion ruling Julie Nunley, n/k/a Waldrath v. Jeremy A. Nunley, No. 68A04-1105-DR-269, the judges rejected the state’s arguments that incarceration for nonsupport is a conscious decision to reduce income or that the courts should not follow Lambert v. Lambert, 861 N.E.2d 1176 (Ind. 2007), and Clark v. Clark, 902 N.E.2d 813, 817 (Ind. 2009), in reducing child support obligations of parents who are incarcerated for nonpayment.

The Indiana Supreme Court’s reasoning that reduction of child support obligations during incarceration serves the best interest of the child appears to apply regardless of the crime that led to the imprisonment, wrote Judge Paul Mathias in Douglas.

“While we share the frustration of the trial court and the frustration of greater, responsible, civil society with parents like Douglas, we are constrained to agree with Douglas’s reading of the applicable law, and we specifically decline to carve out an exception to our supreme court’s holdings in Lambert and Clark,” he wrote.

The appellate court reversed the Jennings Circuit Court’s denial of Jonathon Douglas’ petition to modify his child support obligation, and affirmed the Randolph Circuit Court’s order modifying Jeremy Nunley’s child support obligation. Both men were in prison for felony nonsupport of a dependent.

In Todd A. Anderson v. Shauna Anderson, No. 47A01-1104-DR-159, the appellate court had to interpret Indiana Child Support Guideline 3, which was silent on the issue of whether periodic Social Security Disability payments may be applied against a support arrearage that accumulated before the filing of a petition to modify support. The guideline was modified following Brown v. Brown, 849 N.E.2d 610 (Ind. 2006), and allowed for lump-sum SSD payments to be applied against a support arrearage that predated the filing of a petition to modify.

The judges speculated that the commentary to Guideline 3(G)(5) foreshadows that periodic SSD payments would be treated the same as lump-sum payments, wrote Judge Ezra Friedlander.

“The Commentary provides that SSD payments for the benefit of a dependent child are regarded as income of the disabled parent and shall be credited as payment toward the disabled parent’s support obligation,” he wrote. “… we can see no meaningful distinction between SSD periodic payments and SSD lump-sum payments paid for the benefit of a dependent child.”

The COA reversed the denial of Todd Anderson’s request to apply all of the periodic SSD payments received to date by Shauna Anderson on their child’s behalf against his existing support arrearage. The judges remanded with instructions to calculate the amount of those payments and adjust the arrearage accordingly.

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  1. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

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