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Justices take child support case

March 19, 2013

The Indiana Supreme Court granted transfer to just one case last week, a not-for-publication decision out of the Indiana Court of Appeals dealing with a parent’s financial obligations to his children.

The lower appellate court held the trial court properly calculated Richard Eric Johnson’s prior uninsured health care expense obligation based on the parties’ original agreement; appropriately considered and decided parenting time; and did not abuse its discretion in denying his request to modify the parties’ agreement regarding payment of college expenses for the two children. The judges did conclude that the trial court abused its discretion in calculating Gillian Wheeler Johnson’s health insurance premium credit; in ordering Richard Johnson to pay all transportation costs for parenting time; and in failing to incorporate in its order the parties’ agreement regarding payment of extracurricular expenses.

The judges also held that although the trial court did not abuse its discretion in finding the father is entitled to a credit for Social Security benefits the children receive, it did not correctly apply any such credit to the child support calculation. They reversed the trial court’s order with respect to these issues and remanded for the trial court to recalculate child support and amend its order consistent with this opinion.

The case is Richard Eric Johnson v. Gillian Wheeler Johnson, 49S05-1303-DR-199.
 
The justices denied transfer to 20 cases for the week ending March 15.

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