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. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.