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COA upholds father’s $1,419 weekly child support obligation

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In affirming the trial court’s decision to increase a father’s weekly child support obligation to four times the amount he and his ex-wife initially agreed to, the Indiana Court of Appeals asked the Supreme Court to determine how Indiana Code 31-16-8-1 should be interpreted.

Mark and Melissa Rolley have one daughter from their marriage. They agreed during divorce proceedings that Mark Rolley would pay $350 a week, which was not based on the Child Support Guidelines but an amount they believed was fair. A year later, Melissa Rolley filed a petition to modify child support, claiming she learned after the agreement was entered into that Mark Rolley’s income was much greater than she had previously been told.

At the time of the petition, Melissa Rolley was a student and worked part-time, earning $290 a week. Mark Rolley owned Advanced Network Computer Services in Evansville and made more than $21,000 a week. The trial court granted her petition, ordering Mark Rolley to pay $1,419 a week. The court ordered the modification because the $350 payments were “vastly” less than the amount he owed under the Child Support Guidelines.

Mark Rolley appealed, arguing that his ex-wife invited the error of receiving less child support when she agreed to the terms under the settlement agreement and she was required to show there was a substantial change in circumstances justifying the modification.

The judges examined I.C. 31-16-8-1, which outlines two grounds for modification. Subsection 1 says upon a showing of a change in circumstances so substantial and continuing as to make the terms unreasonable; or under Subsection 2, if 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 and the request to be modified was issued at least 12 months before the petition requesting modification was filed.

The judges examined caselaw involving modifications of child support ordered under support agreements and found differing results. Some have held that a petitioner must prove both subsection 1 and 2 in order to have an existing order modified; others have held that a support order based on a support agreement may be modified based on a showing of the grounds listed in subsection 2 alone.

“[D]ifferent panels of this Court have had conflicting interpretations of Indiana Code 31-16-8-1(b)(2), and we would like to draw our Supreme Court’s attention to this conflict for resolution. However, in light of the facts of this case and several general principles guiding issues of child support, we conclude that the Kraft Court’s interpretation is the most appropriate here,” Judge Rudolph Pyle III wrote in Mark Rolley v. Melissa Rolley, 87A01-1307-DR-330.

In Marriage of Kraft, 868 N.E.2d 1181 (Ind. Ct. App. 2007), a panel held that the court should interpret I.C. 31-16-8-1 as it is written, regardless of whether the child support order has been entered through a settlement agreement and whether the agreement to pay child support is in excess of the guidelines. The judges Tuesday noted that the plain language of the statute does not create a distinct standard for modification of child support orders that are a result of agreements.

“The ‘or’ separating subsections (1) and (2) clearly indicates that the two subsections establish separate grounds for modification, and there is not any internal or subsequent language limiting the independence of those subsections,” Pyle wrote.

The judges also noted that the doctrine of invited error may be justifiable in instances when a parent has agreed to pay more than what the parent must pay, but it is not justifiable in instances – such as in the Rolley case – where a parent has agreed to pay less than required.

They upheld the $1,419 in weekly child support, rejecting Mark Rolley’s argument that the trial court abused its discretion by deciding not to consider Melissa Rolley’s mortgage-free house as imputed income. Despite her lack of mortgage, she still must pay other living expenses such as utilities, maintenance and taxes, and she makes only $290 a week, Pyle wrote.

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  • excessive child support award solution
    The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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