ILNews

Child support case presents issue of first impression

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The Indiana Court of Appeals was presented with an issue for the first time: whether a child support order should be reduced for the time a child is living on campus when a court has found that the child has repudiated the non-custodial parent, and on that basis refused to enter an educational support order.

Mother Shari Lovold sought contributions from her ex-husband for their son’s college expenses. After interviewing C.E. in camera, the trial court concluded that the teen had repudiated his relationship with his father. After an unpleasant visit in 2004 when C.E. was 11, father Clifford Scott Ellis did not see his son for eight years. C.E. never contacted his father, even after turning 18. The judge found the son’s comments that he did want a relationship with his father to “ring hollow” and be “highly suspect.”

The trial court did not modify Ellis’ child support obligation as Ellis had wanted. He filed a motion to correct error and requested an adjustment because he had been paying his ex-wife $60 – and not the $150 that had been ordered in 2004 – since C.E. started college. He also believed the trial court miscalculated the amount of time C.E. would live at home at 36 weeks instead of 16. The trial court granted mother’s motion to correct error regarding the support and ordered Ellis pay as if C.E. were living at home year round.

In Shari (Ellis) Lovold v. Clifford Scott Ellis, 54A01-1209-DR-410, the judges affirmed the trial court’s finding that C.E. refused to participate in a relationship with his father. Thus, the trial court didn’t err when it denied Lovold’s request for Ellis to pay toward C.E.’s college expenses.

Repudiation can prevent a parent from paying college expenses, but it is not a defense to an order for child support, the COA pointed out. While a court may order college expenses and child support, living expenses for a child living on campus should be included in the educational support order.

“We hold that living expenses for a child living on campus should similarly not be included in the child support order when, as here, the child has repudiated the parent and the parent is therefore not required to contribute to the child’s post-secondary education. To hold otherwise would render repudiation no longer a complete defense to the payment of college expenses,” Chief Judge Margret Robb wrote.

“We do not adopt a bright-line rule requiring the filing of both a child support obligation worksheet and a post-secondary education support worksheet because no educational support order has been entered. But the trial court must reduce child support for the time the child will be living away from home for college.”

The judges remanded for the trial court to re-calculate the support so Ellis doesn’t pay for the time C.E. lives on campus.

 

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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