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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

ADVERTISEMENT