ILNews

COA reverses denial of prisoner's petition

Back to TopCommentsE-mailPrintBookmark and Share

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.

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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

ADVERTISEMENT