ILNews

COA orders a new child support order

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals reversed the denial of a father’s petition to modify child support. The judges held he didn’t waive his argument for modification because he made a prima facie showing he qualified for a modification under one subsection of the statute, even though he argued before the trial court that he qualified based on the other subsection.

In Brian Holtzleiter v. Angela Holtzleiter, No. 48A02-1006-DR-736, Brian Holtzleiter sought to modify his child support obligation a little more than a year after the original obligation was entered. In his petition he claimed an ongoing and substantial change in circumstances, subsection (1) under Indiana Code Section 31-16-8-1. The trial court denied the petition, finding the changes in circumstances don’t render the current support order unreasonable.

The Court of Appeals agreed with Brian that he met his burden under subsection (2) of that statute. That subsection requires that the petition for modification be at least 12 months after the order requesting to be modified or revoked was issued, and that the party has been ordered to pay an amount that differs by more than 20 percent from the amount that would be ordered by applying the child support guidelines.

Brian submitted a child support worksheet that proposed his child support obligation should now be $178.89 a week due to a change in job with a lower salary and a remarriage and new child to take care of. His current obligation was $317 a week for his two children from his marriage with Angela.

The judges went against their colleagues’ decision in Hay v. Hay, 730 N.E.2d 787, 794 (Ind. Ct. App. 2000), and ruled Brian preserved his argument on appeal. Hay held that a father waived his argument that his obligation should be modified pursuant to subsection 2 because he failed to make that argument to the trial court. In the instant case, the judges believed the trial court and opposing party have been provided with sufficient notice that Brian called into play subsection (2) by submitting his child support worksheet showing his current obligation is 20 percent more than the amount he would be ordered to pay by applying the guidelines.

“Given the bright-line test set forth in subsection (2), we can discern no basis for punishing someone with a support order that otherwise statutorily qualifies for modification simply because the party failed to utter the magic words. The Guidelines are not meant to be a trap for the unwary but are intended to lead the way to a fair result in a complicated area of law,” wrote Judge Terry Crone.

After examining the evidence, the judges reversed the denial of his petition to modify and ordered on remand for the trial court to adjust the child support order accordingly. They also agreed that Brian’s $15,000 relocation bonus and the fact that Angela’s child care expenses have increased due to her employment outside of the home should be considered in determining his child support obligation.
 

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. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

ADVERTISEMENT