ILNews

Evening visits don't count toward credit

Jennifer Nelson
January 1, 2008
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Overnight visits must take place overnight in order to be used in a claim for parenting time credit under the child support guidelines, ruled the Indiana Supreme Court Aug. 19.

In Marla K. Young v. Timothy S. Young, No. 09S05-0803-CV-136, the high court addressed whether evening visits could be credited as overnight visits when calculating child support. Timothy Young was awarded 104 overnights, including 52 which were for two additional evenings per week he spent with their kids.

But evening visits shouldn't count toward parenting time credit, the high court ruled, citing the Child Support Guidelines commentary explaining the term "overnight."

Neither the comment, nor any other part of the guideline, suggests that a term can be credited as overnight when the child doesn't actually stay overnight with the parent, wrote Chief Justice Randall Shepard.

"If the able and careful drafters of the guidelines had intended for non-overnight visits in which the noncustodial parent provides the children with transportation from school and to and from their activities, feeds them, and does homework with them to qualify for parenting time credit, the guidelines could have easily included those visits in the formula," he wrote.

The trial court erred in using Timothy's adjusted gross income figures from his tax returns without examining the deductions when calculating his child support obligation. His adjusted gross figure includes a deduction of money he invested into his retirement account, which doesn't qualify as an ordinary and necessary business expense that can be deducted when determining child support, wrote the chief justice.

The trial court shouldn't have included deductions for redemption of Marla Young's interest in their partnership, which she received as part of their property settlement. Plus, the court allowed all of the depreciation Timothy deducted on his tax returns to be deducted from his income for child support purposes without determining if the depreciation was appropriate, Chief Justice Shepard wrote.

In addition, payments under a property settlement Timothy made to Marla shouldn't be included in child support calculations because Timothy would receive a double benefit because not only does he own the property now, but he also would be allowed to receive a deduction for it.

"Just as the guidelines disallow deductions for payments made to former spouses as part of a property settlement, even if those payments were classified as maintenance by the parties, so too do we disallow deductions for property settlements made between a child's parents," wrote the chief justice.

The Supreme Court remanded with direction to reexamine the child support order in respect to these three issues.
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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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