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Court of Appeals orders trial court to re-evaluate child support order

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The Indiana Court of Appeals reversed the part of a custody order modifying child support, finding the trial court miscalculated the mother’s current income and made other errors.

Both Daniel and Tamara Sandlin appealed the modified custody order entered in September 2011. The order modified Daniel Sandlin’s weekday parenting time, described the parties’ financial circumstances, and modified child support.

Daniel Sandlin argued on appeal that the trial court improperly failed to conclude Tamara Sandlin voluntarily left her former job and thus failed to impute income to her; that the court miscalculated her current income; that the court failed to explicitly order that Daniel Sandlin cease paying his ex-wife a clothing allowance for their three children; and that the trial court incorrectly determined the number of overnights for which he should receive parenting time credit toward his child support obligations.

Tamara Sandlin agreed with her ex-husband’s assessment of and challenge to the determination of his parenting time credit and asked the Court of Appeals to make the correction without resorting to remand.

The appellate court ruled that the trial court correctly did not impute income to Tamara Sandlin. Her decision to quit her job and start her own business was not because she wanted to avoid significant child support obligations, but because of a change in job duties and pay at her previous employer, the opinion states.

But the court did fail to calculate her current income based on the evidence and failed to explicitly order that Daniel Sandlin cease paying his ex-wife a clothing allowance. Also, based on the parties’ apparent appellate agreement, Daniel Sandlin’s parenting time credit should be reduced from 181 overnights to 113 overnights.

 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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