ILNews

Child support abatement starts on petition date

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals reversed a trial court order setting the date in which an incarcerated man can receive an abatement in his child support, finding the date the man filed his order was when it could be first applied. The ruling could open the door for the Indiana Supreme Court to decide when an abatement can take effect.

In In re the marriage of: Gary Becker v. Heather Becker, No. 49A04-0804-CV-205, Gary Becker appealed the trial court order modifying his child support.

Becker was convicted and sentenced in 1996 and 1997 for various crimes; he filed for divorce in September 1997. In February 1998, the trial court dissolved the marriage and set Becker's child support obligation at $110 per week.

In December 2007, Becker filed a motion for relief from the order, citing the February 2007 Indiana Supreme Court decision on Lambert v. Lambert, N.E.2d 1176 (Ind. 2007).

The trial court abated Becker's support to $25 a week based on Lambert and ruled the decision would be retroactive to the date of the Lambert decision. The abatement would last until Becker's projected earliest possible release from incarceration in August 2009.

Becker's appeal focuses on when his abatement should take effect. He argues it should be retroactive to his original decree of dissolution in 1998. The appellate court, citing Quinn v. Threlkel, 858 N.E.2d 665, 674 (Ind. Ct. App. 2006), reversed the trial court and made the effective date the day Becker filed the motion - Dec. 28, 2007. Quinn allows a trial court's discretion in modifying child support effective as to the date the petition is filed, wrote Judge Patricia Riley.

The Court of Appeals decision could lead the way to an appeal to the Indiana Supreme Court to decide the retroactivity of the Lambert decision. The Lambert decision never mentions if the decision is retroactive and whether retroactivity would begin at the original dissolution order, the date of the Lambert ruling, or the date the petitioner files a motion for modification.
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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