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Mother who was abused may be required to help fund father's supervised visitation

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The Indiana Court of Appeals has ruled that a domestic violence victim whose earnings since have increased may have to pay for supervised child-visitation services that the father is unable to afford.

The ruling in Glenn Hatmaker v. Betty Hatmaker, 49A05-1305-DR-253, reversed Marion Superior Judge David Dreyer’s denial of motions for unsupervised parenting time and modification of child support.

Glenn Hatmaker was convicted of battery against his wife, and the couple since has divorced. Neither parent was earning more than $1,200 per month at the time the father was ordered to pay $85 a week in support for the couple’s child.

The father was allowed supervised visitation but claimed he couldn’t afford to pay an agency that facilitated it. The mother testified earlier this year that she was afraid of the father, who was seeking unsupervised visitation.

The Court of Appeals held that because the mother’s income had significantly improved and the father’s had declined, his child support obligation should be reduced to about $22 a week according to guidelines. Also, the appeals court noted that the couple’s dissolution decree limiting the father to supervised visitation included no specific finding of endangerment of the child.

“(I)f unsupervised parenting time would pose a danger to a child, the parent is not entitled to dispense with supervision because of the costs associated with supervisory programs,” Judge Mark Bailey wrote for the panel that included Judges Cale Bradford and Melissa May.

“That said, however, our parenting-time statutes do not prohibit the trial court from exploring affordable options for low-income parents, such as grandparent, relative, or child advocate volunteer supervision. Moreover, it appears that Mother has much greater earnings than does Father and may be able to contribute to costs of supervision.”

“The order for supervised parenting time, modifiable upon agreement of the parties, is contrary to law,” the appeals panel ruled. “The trial court abused its discretion by refusing to modify Father’s child support obligation in the face of uncontroverted evidence that Mother’s income had increased substantially while Father’s income had decreased substantially.”
 



 

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  • Another irrational decision
    Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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  1. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  2. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

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