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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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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