ILNews

Inmates' child support orders can be modified

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
  In a decision that may affect child support modification orders, the Indiana Court of Appeals held today an earlier Indiana Supreme Court decision also applies to a request for a modification because of incarceration. In Todd Allen Clark v. Michelle D. Clark, No. 35A05-0801-CV-26, the appellate court used the Indiana Supreme Court's decision in Lambert v. Lambert, 861 N.E.2d 1176 (Ind. 2007), to determine whether Todd Clark's verified petition for abatement and/or modification of child support order should have been granted. 

In Lambert, the Supreme Court held that incarceration doesn't relieve a parent of his or her child support obligations, but a court should calculate the support based on the actual income or assets the parent has instead of pre-incarceration wages.

Clark was ordered to pay $53 a week in child support; however, after that order was issued, Clark became incarcerated and made less than $21 a month in his prison assignment job. Clark filed the verified petition, requesting the court reduce his child support obligation until he is released from prison because his incarceration has created a substantial change in circumstances that warrants the modification. Under Indiana Code Section 31-16-8-1, a modification may be made upon a showing of changed circumstances so substantial and continuing to make child support payment terms unreasonable. Even though caselaw holds that incarceration due to voluntary criminal conduct isn't a valid reason for abating or reducing an existing child support order, the Indiana Court of Appeals judges believed the Lambert decision has changed this precedent. "Although our supreme court limited Lambert specifically to the initial determination of a child support order, we now conclude that its rationale applies equally to a request for modification of a child support order based on changed circumstances due to incarceration," wrote Judge Patricia Riley. Even though the appellate court found changed circumstances, the court is aware that parents have an abiding duty to provide support for their dependent children, and as such, they held the support obligation of an incarcerated parent should be set in light of that person's actual earnings while in prison. Also using Lambert as a guide, the Court of Appeals adopted the practice of incorporating a prospective provision in child support orders involving incarcerated parents to automatically return the support obligation to the pre-incarcerated level upon the release of the parent, she wrote. As such, the court reversed the trial court denial of Todd's petition and remanded. Judge Margret Robb dissented, writing it was the Supreme Court's exclusive province to expand the parameters of Lambert to include the issue presented in this case.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  2. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  3. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  4. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  5. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

ADVERTISEMENT