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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. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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