ILNews

COA affirms reduction of incarcerated father’s child support obligation

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Residents can't vote under our current system? Okay, let's replace the system with another system where they can't vote. Yeah, that's the ticket!

  2. It's an appreciable step taken by the government to curb the child abuse that are happening in the schools. Employees in the schools those are selected without background check can not be trusted. A thorough background check on the teachers or any other other new employees must be performed to choose the best and quality people. Those who are already employed in the past should also be checked for best precaution. The future of kids can be saved through this simple process. However, the checking process should be conducted by the help of a trusted background checking agency(https://www.affordablebackgroundchecks.com/).

  3. Almost everything connects to internet these days. From your computers and Smartphones to wearable gadgets and smart refrigerators in your home, everything is linked to the Internet. Although this convenience empowers usto access our personal devices from anywhere in the world such as an IP camera, it also deprives control of our online privacy. Cyber criminals, hackers, spies and everyone else has realized that we don’t have complete control on who can access our personal data. We have to take steps to to protect it like keeping Senseless password. Dont leave privacy unprotected. Check out this article for more ways: https://www.purevpn.com/blog/data-privacy-in-the-age-of-internet-of-things/

  4. You need to look into Celadon not paying sign on bonuses. We call get the run

  5. My parents took advantage of the fact that I was homeless in 2012 and went to court and got Legal Guardianship I my 2 daughters. I am finally back on my feet and want them back, but now they want to fight me on it. I want to raise my children and have them almost all the time on the weekends. Mynparents are both almost 70 years old and they play favorites which bothers me a lot. Do I have a leg to stand on if I go to court to terminate lehal guardianship? My kids want to live with me and I want to raise them, this was supposed to be temporary, and now it is turning into a fight. Ridiculous

ADVERTISEMENT