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COA reverses denial of prisoner's petition

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The Indiana Court of Appeals reversed the denial of an incarcerated man's petition for child support modification after determining the trial court incorrectly imputed his weekly gross income.

The appellate court often looked to the Indiana Supreme Court ruling in Lambert v. Lambert, 861 N.E.2d 1176 (Ind. 2007), to determine the trial court erred in denying Joshua March's pro se petition in the case In the Matter of the Guardianship of R.M.M., No. 09A02-0808-CV-725.

March was incarcerated when guardianship of his daughter, R.M.M., was awarded to her great-aunt and uncle. At the time guardianship was established, March and R.M.M.'s mother, who was also incarcerated, were ordered to pay $15 in child support weekly. Later, the great-aunt and uncle petitioned to modify the order, arguing that Indiana's Child Support Guidelines require a total obligation based on an assumed federal minimum wage. The trial court modified the child support order so that March had to pay $67 per week and determined his weekly gross income while incarcerated was $210.

In his appeal, March argued the child support order was inconsistent with Lambert and Indiana law, and that he only made $6 a month.

The Court of Appeals looked to Lambert for guidance on the instant case, even though the circumstances of the cases differ. That case involved a question of whether incarceration justified reducing an existing support order; March had been incarcerated the entire time of the modifications to his support order.

March argued that Lambert mandates that an incarcerated parent's income shouldn't be imputed to minimum wage if the parent isn't actually making a 40-hour minimum wage income. While Lambert doesn't expressly say that, March may have a point, wrote Judge Michael Barnes, given that the Commentary to the Guidelines indicates the guidelines don't establish a minimum support obligation. The Lambert ruling only cautioned trial courts from imputing income based on "pre-incarceration wages" or "other employment-related income."

Another Court of Appeals panel ruled on this issue in Clark v. Clark, 887 N.E.2d 1021, 1051, (Ind. Ct. App. 2008), - which has been transferred to the Supreme Court - in which the panel ruled minimum wage shouldn't be interpreted as a cut-off amount for child support payments.

The error in the instant case is that the trial court didn't base its calculation of March's support on actual income or assets available to him, as is instructed in Lambert, wrote Judge Barnes.

The Court of Appeals remanded for further fact-finding proceedings regarding March's current actual earnings and assets with modification of his child support order obligation in line with those findings, and any modification would be retroactive to the date he filed his petition.

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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