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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. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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