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Court does not have subject matter jurisdiction over child support

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In addressing whether a trial court in Indiana erred in dismissing a woman’s petition for modification of child support previously entered in Maryland, the Indiana Court of Appeals noted an incongruity in that statutory scheme the leads to the “somewhat absurd result in this case.”

In Zuri K. Jackson v. Demetrius Holiness, No. 02A03-1103-RS-99, Zuri Jackson filed a petition for modification of child support in Indiana. She lived in Indiana, but her ex-husband, Demetrius Holiness, lived in Maryland, where the decree was registered. The two were originally married in Indiana but moved to Nevada, where they divorced. Holiness filed a motion to dismiss, which the trial court dismissed for lack of subject matter jurisdiction.

Indiana Code 31-18-6-11 says an Indiana tribunal may modify an order only if the child, obligee, or obligor do not live in the issuing state; the petitioner for modification is a nonresident of Indiana; and the respondent is subject to the personal jurisdiction of the Indiana tribunal; or all of the parties involved have filed a written consent providing Indiana may modify the order and assume jurisdiction. Since Jackson lives in Indiana and petitioned for modification, all the parties had to file consent with the court to have Indiana take over jurisdiction, which didn’t happen. Under Indiana statute, a court here can’t have subject matter jurisdiction to modify the order here, wrote Judge Edward Najam.

The appellate court held that the federal Full Faith and Credit for Child Support Orders Act doesn’t preempt the requirement that the child, obligee, or obligor do not live in the issuing state.

“It seems incongruous that a court that has personal jurisdiction over both parties to dissolve a marriage and adjudicate the incidences thereof or order support in the first instance could not modify an existing child support order,” he wrote. “Although the requirements of Section 31-18-6-11 are clear, the procedure for modifying an out-of-state child support order is less clear when Section 31-18-6-11 is considered in conjunction with other relevant statutes. However, because the incongruity between the statutory sections is a legislative matter, we must conclude that the trial court did not err in dismissing Mother’s petition to modify because she is not a non-resident petitioner as required by Section 31-18-6-11.”

 

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  • double dipping
    my child support form illinois ended in nov and my ex is trying to re-establish support in indiana after living there 6 years. can she do this?

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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