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Court rules on child support, parenting time modifications

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The Indiana Court of Appeals has ruled on a case involving parenting time and child support issues between a mother and father.

In Lorraine (Carpenter) Miller v. Karl Carpenter, No. 29A02-1107-DR-663, the court affirmed and reversed in part a decision by Hamilton Superior Judge Daniel Pfleging and Magistrate William Greenaway.

The case involves Lorraine Miller and Karl Carpenter, a couple who divorced in 2008 and agreed that the mother would have sole legal custody and primary physical custody of the two children, ages 10 and 8. The father had visitation on alternate weekends and overnight on Wednesdays. The parents agreed to follow the Indiana Parenting Time Guidelines for holidays and special occasions. In calculating child support, they agreed the father would receive credit for 98 overnights, less than the actual 127 nights spent with the children.

Two years after the agreement, father petitioned for joint legal custody, an increase in parenting time and a decrease in child support. The trial court granted the father’s relief and the child support decrease was based on an increase in the mother’s income, a decrease in her child care costs and an increase in parenting time credit.

But on appeal, the panel reversed the grant of joint legal custody to the father because the evidence does not support a conclusion that a substantial change in circumstances had occurred to justify a modification of legal custody. The appellate judges upheld the trial court’s modification of parenting time because it’s in the child’s best interest.

On child support, the appellate judges determined the trial court did not abuse its discretion in finding the evidence of imputed income was too speculative. Because more than a year had passed since the establishment of the original support order and father’s obligation deviated from the guidelines by more than 20 percent, the appeals panel found the trial court didn’t err in reducing the amount of his obligation.

 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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