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Court cites fishy documents in reversing support order

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A Marion Superior judge had no jurisdiction to enter a judgment against a father stating he owed $27,522 in support to his children’s mother, because Canadian court documents and other filings should not have been considered, the Court of Appeals ruled.

A couple married in Toronto in 1992 divorced in 2006, and the mother and children moved to Indiana in 2011. The father, who now lives in Georgia, unilaterally began paying substantially less child support, pursuant to the Indiana Child Support Guidelines.

In Joel Zivot v. Pamela London, 49A02-1207-DR-613, Pamela London sued, filing as evidence a certificate of divorce, separation agreement and handwritten minutes of settlement, and later claiming her ex-husband was in contempt. Marion Superior Judge Thomas Carroll in May entered an order and judgment on London’s verified petition for contempt. Joel Zivot was ordered to pay his ex-wife’s legal fees and 75 percent of the cost of his childern’s college education, in addition to the $27,522 judgment.

But Judge Edward Najam wrote that the court should not have acted in any manner with the documents presented as evidence. In reversing the lower court, he wrote for the panel, “We agree (with Zivot) that the trial court did not have before it a foreign support order subject to enforcement, nor could the trial court enforce child support based on written agreements between the parties where there is no evidence that such agreements had been approved by a court or incorporated into a court order.”

Najam wrote that the divorce certificate “was not signed by a judge, magistrate, or other official with authority to preside over dissolution proceedings. Rather, it was signed only by the clerk of the court in Ontario and is dated eleven months after the parties’ marriage was dissolved and ten months after the dissolution of marriage became effective. From the face of the document, we cannot conclude that the Certificate of Divorce is a judgment, decree, or order of a court. Thus, the trial court erred when it registered the Certificate of Divorce as an order from another state.

“The trial court lacked jurisdiction to enter an order enforcing Father’s child support obligations. The trial court did not have before it a child support order from another state, a prerequisite to enforcing a foreign support order … Thus, the trial court erred when it entered the Order enforcing Father’s child support obligations and ordering Father to pay attorney’s fees as a result,” Najam wrote.

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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