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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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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