ILNews

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. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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