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COA affirms probation violation for nonsupport, modifies amount due

August 20, 2013

A trial court properly revoked probation of a man sentenced for non-support of a dependent child, but the Indiana Court of Appeals ordered the lower court to revise the arrearage.

Carl Brandenburg was sentenced to time served plus 52 months on probation after he pleaded guilty to the Class C felony in August 2011. Just shy of a year later, after he failed to make the court-ordered $78 weekly child support payment, a warrant was issued and he was arrested. Jennings Circuit Judge Jon Webster subsequently revoked his probation and ordered him to serve the 52 months.

The appeals panel found no abuse of discretion regarding the revocation of probation, but did find that the amount Brandenburg owed in back support had been overstated. He acknowledged owing an amount of at least $10,000, but not the $17,795 the state claimed.

“In short, the amount of the arrearage was approximately $10,000 in August 2011, and Brandenburg’s daughter had turned twenty-one in August 2009,” Judge Edward Najam wrote for the court in Carl J. Brandenburg v. State of Indiana,  40A04-1301-CR-23.

“Therefore, he contends, the arrearage could not have increased to $17,795.05, as found by the trial court, after the date of his sentencing in 2011. We remand to the trial court for a hearing to recalculate the amount of Brandenburg’s child support arrearage.”    

 

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