ILNews

Judges reverse insurance double credit

Jennifer Nelson
January 1, 2009
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A trial court erred when it issued a mother two health insurance credits instead of one, which led to a miscalculation of the child support owed between the parents, the Indiana Court of Appeals ruled today.

In D.W. v. L.W., No. 20A04-0907-CV-375, father D.W. paid child support to his ex-wife L.W. for his three minor children, who lived with their mother. The mother paid nearly $57 a week in premiums for health insurance covering the three kids.

One of the children eventually moved in with the father and the child support order was modified. The trial court granted the mother a health insurance credit of $57 per week for 2007, and ordered father's child support obligation re-set to $12 a week during the 2007-2008 time period. The trial court relied on two offsetting child support worksheets, which separately calculated the father's obligation with respect to the two kids living with the mother and the mother's offsetting obligation with respect to the child living with the father. Both worksheets included the health insurance credit and a corresponding $57 credit to the mother.

The trial court denied the father's motion to correct error.

The Court of Appeals found the trial court erred by granting a $114 credit to the mother, rather than the single $57 per week credit. Under the Indiana Child Support Rules and Guidelines, it would be correct for the court to add $57 per week to the basic child support amount for all three children and give the mother a credit for the same amount. This case is not straightforward though, wrote Judge Margret Robb, because the mother paid the premium for all three kids, but only two lived with her.

"The guidelines do not provide specific guidance for the resulting question of how a single health insurance premium is to be divided among the children and the two worksheets for purposes of calculating any credit due the paying parent," she wrote.

The father argued for a prorated premium and credit under the circumstances but didn't cite any authority to support it. But the results of the two worksheets are ultimately combined, and the Court of Appeals can't say the trial court's failure to divide the costs and credits between the two worksheets was an abuse of discretion by itself.

The appellate court did agree with the father that it was improper for the court to credit the mother twice for the health insurance premium. The trial court made no finding that deviation from the guidelines was appropriate based on the circumstances of the case.

"Further, if either parent had custody of all three minor children, the language of the guidelines would instruct the trial court to count the credit only once. We see no reason to count the credit twice here, simply because Mother has custody of only two of the children," wrote Judge Robb.

The appellate court remanded with instructions the trial court order mother to pay the father $23 per week in child support for the 2007-2008 time period and determine any support arrearage owing between the two.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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