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COA affirms reduction of incarcerated father’s child support obligation

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A trial court did not abuse its discretion by reducing a father’s child support and arrearage to an absolute minimum level after he requested review of his obligation, the Indiana Court of Appeals affirmed Friday. The man, who is incarcerated, claimed the court did not consider his income or needs when making the reduction.

David Hooker has two children with his ex-wife and was ordered to pay $8 a week in child support. Hooker was incarcerated when the marriage was dissolved. Three years later, he asked for review of his child support obligation. Neither he nor his ex-wife attended the hearing on the matter.

The state requested – and the trial court agreed – that Hooker’s support should be reduced to $1 a week, with an additional $3 a week going toward his accrued arrearage. Once he is released from prison – which likely won’t be until 2035, his support will revert back to $8 per week, the court ruled.

Hooker appealed, claiming the trial court didn’t consider his income or needs when imposing the weekly sum. Judge Patricia Riley pointed out that even in situations where the noncustodial parent has no income, courts have routinely established a child support obligation at some minimum level.

The child support arrearage must be satisfied and the $55 yearly fee collected by the clerk of the court is a mandatory fee that cannot be deducted from his child support payments.

“As such, David’s support payment and arrearage—as minimal as they are—are transmitted integrally to the minor children. Mindful that David has an obligation to his children, we cannot conclude that the trial abused its discretion by reducing his child support and arrearage to an absolute minimum level,” Riley wrote in David Hooker v. Shari Hooker, 82A04-1311-DR-592.

Also, the judges rejected Hooker’s claim that his due process rights were violated when the trial court did not order him transported to the hearing or otherwise make an attempt to secure his presence. A prisoner involved in a civil lawsuit unrelated to the case resulting in incarceration has no right to a transport order, Riley pointed out. But Hooker never filed a motion to request his attendance by video or telephonic conferencing, never asked for the appointment of a guardian ad litem to represent his interest, nor did he submit his case by documentary evidence.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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