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Child support arrearage dispute sent back to trial court

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The Indiana Court of Appeals instructed a trial court to do the work necessary before entering an order garnishing a parent’s money for child support.  

A father, incarcerated in the Indiana Department of Correction, disputed an income withholding order that garnished his inmate trust fund account to pay down his child support arrearages.

He pointed to a pre-dispositional report from April 2008 that found he did not have the ability to pay child support and that no arrears would be sought against him. Also, the father noted the court had not issued a new order regarding payment of the arrearages.

The father then requested a hearing to present evidence that the arrearage never should have accrued, to determine the amount of any arrearage owed, and to determine the monthly amount he should pay, if any. In addition, he requested the court suspend the garnishment of his prison account until his release from incarceration.

The trial court issued an “Order Denying Father’s Request to Disallow Income Withholding Order.”

The Court of Appeals concluded the trial court abused its discretion in denying the father’s motion in In Re: Paternity of J.M.; C.M. v. T.S., 18A02-1308-JP-684.
It reversed and remanded with instructions to conduct an evidentiary hearing for the purpose of determining the arrearage amount and the father’s ability to pay plus a payment schedule.

In reaching its conclusion, the Court of Appeals pointed out that the trial court never entered an income withholding order with respect to any arrearage and, in fact, never entered an order which required the father to make payments toward his arrearage.

Also, the lower court did not hear any evidence about the father’s ability to pay his arrearage. The trial court did not establish the total amount of the arrearage or set up a payment schedule.

Judge Margaret Robb wrote a separate opinion. She concurred in substance with the majority’s opinion but pointed out the trial court’s denial was signed only by a magistrate and not reviewed or approved by the judge.
 

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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