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COA finds trial court acted within its discretion when calculating father’s actual income

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A father’s messy financial statements do not prevent a trial court from doing its own calculations and increasing his weekly child support payments, the Indiana Court of Appeals has ruled.

The appeals court rejected the father’s arguments in In Re: The Paternity of Jo.J., J.W.J. v. D.C., 29A05-1209-JP-447, and affirmed the judgment of the trial court.

On May 25, 2012, the trial court held a hearing on the mother’s request for a temporary child support order to be issued pending a final decision on her appeal of the original order which reduced the father’s support obligation.

At the conclusion of the hearing, the trial court asked the mother and father to submit their financial statements. On June 21, 2012, the court issued a formal written order and filed a separate order changing the father’s weekly support obligation to $252.52 per week.

The father appealed. He argued the trial court lacked jurisdiction to issue a temporary support order while the mother’s appeals was still pending. Moreover, he asserted, even if the lower court could temporarily modify child support during the appeal, the specific support amount ordered was not supported by the evidence.

The appeals court found while the mother’s request for modification was premature, the trial court did not issue a final written order temporarily modifying child support until one day after the Indiana Supreme Court denied transfer.

Thus, since these orders recalculating father’s income and support obligation were not issued until after the denial of transfer, the trial court did not err in modifying the father’s child support payments prospectively.

In regard to the $252.52 weekly payments, the COA speculated the trial court arrived at that figure based on the mother’s statement that she needed at least $250 a week to meet her bills.

Pointing to Elbert v. Elbert, 579 N.E. 2d 102, 112 (Ind. Ct. App. 1991), the COA noted trial courts must consider the children’s needs and the parent’s general economic condition when determining the amount of child support.

Consequently, the COA ruled that the trial court did not err when it arrived at a figure that would allow the mother to continue living in her home and providing for the child.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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