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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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