COA upholds $12 garnishment

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A Miami Circuit Court did not err in its interpretation of a statute involving garnishment of wages when ruling a company was correctly withholding only $12.17 from an employee, held the Indiana Court of Appeals Wednesday.

Mari Miller filed a petition in September 2010 against Waterford Place, the employer of Fabian Calisto, arguing it was in indirect contempt of a court-ordered garnishment for deducting just over $12 from Calisto’s paycheck.

A jury found Calisto liable to Miller in 2001 for $900,000 in compensatory and punitive damages. Under Indiana Code 24-4.5-5-105, his employer was to deduct 25 percent of his wages. At the same time, he was also having $348 withheld to satisfy a child support order. Miller didn’t believe Calisto's then-employer, Care Centers Inc., was properly garnishing his wages and the trial court found the employer in indirect contempt, holding the amount of his wages subject to garnishment couldn’t be reduced by the child support withholding that was also taken from his wages.

Calisto later began working for Waterford Place, which garnished the wages in the similar way as the previous employer, finding that Miller was only entitled to the $12 under statute because of the child support withholding. The trial court found Waterford to be correct in its calculations and denied Miller’s request for attorney fees.

The Court of Appeals agreed in Mari Miller v. Glenda Owens, et al., No. 52A05-1012-CP-742, finding the law-of-the-case doctrine to be inapplicable despite Miller’s arguments. An attempted appeal of the trial court’s previous ruling finding Care Centers in contempt for its garnishments was dismissed as untimely, and the trial court’s ruling was not adopted by an appellate court’s decision.

The judges also rejected Miller’s arguments that the trial court erred by not concluding Waterford’s arguments were precluded by offensive collateral estoppel. She never presented this claim to the trial court, and even if she did, she wouldn’t prevail, wrote Judge Paul Mathias. Waterford wasn’t a defendant who had “previously litigated unsuccessfully in an action with another party” and wasn’t a party at all when the trial court issued its earlier rulings.

The COA looked at Section 105 and found it to be clear and unambiguous.

“If a person is subject to both a child support withholding order and a garnishment order, as is Calisto, then the garnishment order shall be honored only to the extent that the earnings withheld under the child support withholding order do not exceed the amount subject to garnishment under Subsection 105(2). As set forth above, the maximum amount subject to garnishment under Subsection 105(2) in Calisto’s case is twenty-five percent of his weekly disposable earnings, or $360.17,” the judge wrote. “Thus, pursuant to the clear and unambiguous language of Subsection 105(8), Miller’s garnishment order can only be honored to the extent that the earnings withheld under the child support order do not exceed $360.17. Calisto’s current child support withholding order is $348. The extent to which $348 does not exceed $360.17 is $12.17. This is the amount that the trial court concluded that Waterford was properly withholding from Calisto’s weekly wages.”


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.