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

  2. 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.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...