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Committee gets feedback on child support rules

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Creative suggestions came from a public hearing today about how to modify Indiana's child support rules and guidelines.

As it does every four years, the domestic relations committee of the Judicial Conference of Indiana is reviewing the guidelines and will propose changes to the Indiana Supreme Court. A public hearing this morning brought a handful of speakers with comments and criticisms about the current system and what can be done to make it better.

Those attending the hearing before the 10-person committee included attorneys, business people, government workers, people from volunteer organizations involved with child-support issues, and parents who've gone through the system themselves.

Robert Monday with the national Children's Rights Council had three suggestions: college support orders need to be clearer as far as the tax treatment for custodial parents, such as whether credits are being recognized and filtered down to child support guidelines; being able to pay for college expenses directly through the school, rather than through the custodial parents; and how to decide support relating to extracurricular activities, such as soccer or hockey expenses.

A parent, Donald Beatty from Wabash, said he wanted to see some change to allow both parents, not just one as currently happens, to claim health insurance premiums and receive credits.

Attorney Tom Frohman with Indiana Legal Services in Bloomington had written suggestions for the committee to consider and delved into his experience giving free legal help to low-income parents in 14 counties.

"The main thrust is that the problem isn't the guidelines, it's the application of those guidelines and the confusing inconsistencies," he said. "Most trial judges think the worksheet is the guidelines, not part of them or one tool to be used in the guidelines. Worksheets give a presumptive amount that should be ordered, but it's not the end of the story. Trial judges almost invariably stick to the worksheet of the guidelines to tell the whole story."

For example, the guidelines say that no minimum support order exists but they also note that judges can set a $25 to $50 a week range, he said. Frohman also noted that guidelines say a person paying support shouldn't be denied his own self-support, but other language says minimum wage should be applied if a person isn't working.

One committee member asked about having an income calculation worksheet for the judges to see to help draw out other information, such as rental expenses that can affect support payment.

The committee said it's been having significant discussions about an Indiana Supreme Court decision that came down last year involving child support rules. In Lambert v. Lambert, 861 N.E.2d 1176, 1177 (Ind. 2007), justices held that "incarceration does not relieve parents of their child support obligations," but that trial judges should not impute potential income to an imprisoned parent based on pre-incarceration wages or other employment-related income.

Changes likely will be made in the guidelines to reflect that holding, according to Steuben Superior Judge William Fee, who chairs the committee. He said the committee hopes to finish its review by the end of this year and make recommendations for the Indiana Supreme Court to consider in its rulemaking session next year.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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