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Judges disagree on applicable child support guideline

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Against the advice of their attorneys, a divorcing couple entered into a settlement agreement that included a “true up” provision for calculating child support each year. That provision is now at issue before the Indiana Court of Appeals.

Cortney Schwartz and Jodi Heeter entered into a marital settlement agreement in which the two agreed that Schwartz would pay Heeter $430 a week in child support. The agreement also contained the “true up” provision, which read: “At the conclusion of each calendar year, starting with 2009, the parties’ respective weekly child support obligation shall be adjusted and recalculated by taking the amount of their gross taxable income from their tax return(s) for that year, dividing it by 52 weeks, and using this amount at line 1 of the [Child Support Obligation Worksheet], with all other factors remaining the same for purposes of calculating the parties’ adjusted child support obligation.”

For the 2009 and 2010 years, Schwartz calculated his “true up” payment using the 2009 Child Support Guidelines and paid Heeter approximately $6,000 more a year. Heeter argued that Schwartz should have used the guideline that was applicable at the time he was paying, so for the 2010 year, he should have used the 2011 guidelines, resulting in an additional $44,000 or more.

The trial court ruled that Schwartz correctly paid for the 2009 year, but his “true up” payment for 2010 should have been based on the 2010 guidelines.

In Cortney L. Schwartz v. Jodi S. Heeter, 02A03-1109-DR-401, the Court of Appeals was divided over what guideline to use, focusing on the word “factors” in the agreement. The majority concluded that the 2009 guidelines should be used until a modification is made to the child support order, so the trial court was correct regarding the 2009 calculation, but erred on the 2010 calculation.

Judge Paul Mathias dissented on this point, finding the trial court’s determination to be the correct one. He believed the provision in the agreement meant that the other “factors” that will remain the same are the other variables that go into calculating the “true up” amount, not the child support obligation worksheet or formula itself.

The appellate court ruled that Heeter may not on remand seek rulings from the trial court on her prior motions for modification of Schwartz’s support obligation because she didn’t comply with Appellate Rule 46(A)(8), and it denied her request for appellate attorney fees.

The case was remanded for further proceedings.

 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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