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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. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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