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COA upholds father’s $1,419 weekly child support obligation

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In affirming the trial court’s decision to increase a father’s weekly child support obligation to four times the amount he and his ex-wife initially agreed to, the Indiana Court of Appeals asked the Supreme Court to determine how Indiana Code 31-16-8-1 should be interpreted.

Mark and Melissa Rolley have one daughter from their marriage. They agreed during divorce proceedings that Mark Rolley would pay $350 a week, which was not based on the Child Support Guidelines but an amount they believed was fair. A year later, Melissa Rolley filed a petition to modify child support, claiming she learned after the agreement was entered into that Mark Rolley’s income was much greater than she had previously been told.

At the time of the petition, Melissa Rolley was a student and worked part-time, earning $290 a week. Mark Rolley owned Advanced Network Computer Services in Evansville and made more than $21,000 a week. The trial court granted her petition, ordering Mark Rolley to pay $1,419 a week. The court ordered the modification because the $350 payments were “vastly” less than the amount he owed under the Child Support Guidelines.

Mark Rolley appealed, arguing that his ex-wife invited the error of receiving less child support when she agreed to the terms under the settlement agreement and she was required to show there was a substantial change in circumstances justifying the modification.

The judges examined I.C. 31-16-8-1, which outlines two grounds for modification. Subsection 1 says upon a showing of a change in circumstances so substantial and continuing as to make the terms unreasonable; or under Subsection 2, if the party has been ordered to pay an amount that differs by more than 20 percent from the amount that would be ordered by applying the child support guidelines and the request to be modified was issued at least 12 months before the petition requesting modification was filed.

The judges examined caselaw involving modifications of child support ordered under support agreements and found differing results. Some have held that a petitioner must prove both subsection 1 and 2 in order to have an existing order modified; others have held that a support order based on a support agreement may be modified based on a showing of the grounds listed in subsection 2 alone.

“[D]ifferent panels of this Court have had conflicting interpretations of Indiana Code 31-16-8-1(b)(2), and we would like to draw our Supreme Court’s attention to this conflict for resolution. However, in light of the facts of this case and several general principles guiding issues of child support, we conclude that the Kraft Court’s interpretation is the most appropriate here,” Judge Rudolph Pyle III wrote in Mark Rolley v. Melissa Rolley, 87A01-1307-DR-330.

In Marriage of Kraft, 868 N.E.2d 1181 (Ind. Ct. App. 2007), a panel held that the court should interpret I.C. 31-16-8-1 as it is written, regardless of whether the child support order has been entered through a settlement agreement and whether the agreement to pay child support is in excess of the guidelines. The judges Tuesday noted that the plain language of the statute does not create a distinct standard for modification of child support orders that are a result of agreements.

“The ‘or’ separating subsections (1) and (2) clearly indicates that the two subsections establish separate grounds for modification, and there is not any internal or subsequent language limiting the independence of those subsections,” Pyle wrote.

The judges also noted that the doctrine of invited error may be justifiable in instances when a parent has agreed to pay more than what the parent must pay, but it is not justifiable in instances – such as in the Rolley case – where a parent has agreed to pay less than required.

They upheld the $1,419 in weekly child support, rejecting Mark Rolley’s argument that the trial court abused its discretion by deciding not to consider Melissa Rolley’s mortgage-free house as imputed income. Despite her lack of mortgage, she still must pay other living expenses such as utilities, maintenance and taxes, and she makes only $290 a week, Pyle wrote.

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  1. 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

  2. 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.

  3. 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.

  4. 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.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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