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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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