ILNews

Court: father not responsible for late payment

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals reversed a trial court denial of a father's post-dissolution motion for rule to show cause why his ex-wife shouldn't be held in contempt, and remanded for the court to enter a new order.

In John L. Richardson v. Susan E. Hansrote, No. 72A01-0706-CV-288, Richardson appealed the trial court denial, raising three issues: whether the trial court erred when it determined he had a child-support arrearage; whether the error by the court clerk, who mistakenly applied Richardson's child support payment to another account, is attributable to Richardson; and whether the trial court erred in determining a child support obligation paid by income withholding is not paid until it's received in the clerk's office.

In the original divorce decree, Richardson was ordered to pay $168 per week to the Scott Superior Court clerk every Friday. The dissolution court also found Richardson to be in arrears, ordering him to pay $32 a week until the arrearage was paid in full; the court never mentioned how much he owed in arrears. Finally, the court allowed Richardson to claim the minor children on his taxes in odd-numbered years as long as he was current on his child-support payments. Hansrote was allowed to claim the children on her taxes in even-numbered years.

Three years later, the parties executed an agreed modification of the original decree, which lowered Richardson's payments to $142 per week, and allowed for the payments to be taken out by an income withholding order. Until the order took effect, he was required to continue to pay the clerk's office directly.

In early 2006, Hansrote told Richardson she was claming the children on her taxes for 2005 because the child-support payments were in arrears that year. Richardson discovered the clerk's office had credited two of his payments to another person's account. The clerk adjusted one payment because Richardson had a receipt, but he did not have one for the other payment. The second payment was credited to his account in February 2006.

Both parents filed their 2005 tax returns claiming the children, and the IRS ordered Richardson to file an amended return and imposed penalties against him.

In January 2007, Richardson filed a motion for rule to show cause to hold Hansrote in contempt for claiming the children on her taxes in an odd-numbered year. The court denied his motion, finding he was in arrears for $510.

The Court of Appeals found insufficient evidence to support the determination Richardson had accrued a child-support arrearage. The trial court relied on the clerk's records to show Richardson owed $510. In the original decree, Richardson was found to be in arrears, but at the hearing on Richardson's motion, both parties agreed there was no arrearage at the time of the decree.

Because the trial court never stated the amount of money owed in arrearage, it's impossible to determine how much Richardson would have owed as of Dec. 31, 2005. Relying on the clerk's record was an error by the trial court because the clerk is not responsible for calculating arrearages, just for maintaining a record of payments received, wrote Judge Edward Najam.

Also, Richardson should not be held accountable for the clerk's error in applying his payments to the wrong account. At the time he made the payments, Richardson was entitled to receive credit for them as if he had paid them directly to Hansrote.

Finally, the Court of Appeals found the trial court erred when it determined Richardson's last payment of the year through income withholding was late because it was not received by the clerk's office until Jan. 3, 2006. The last payment of 2005 was due Dec. 30; however, his employer did not send the payment by electronic funds transfer until the following week. Because New Year's Day fell on a Sunday, the office was closed Monday, Jan. 2. The appellate court determined that Richardson is not at fault for the one business day delay in the payment that was due Dec. 30, wrote Judge Najam.

The Court of Appeals remanded to the trial court to reconsider the arrearage issue and enter a new order on Richardson's motion for rule to show cause; the court should also revisit whether Hansrote was in contempt of the decree by claiming the children on her 2005 taxes.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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