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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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