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COA orders a new child support order

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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.
 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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