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Court rules on child support, parenting time modifications

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The Indiana Court of Appeals has ruled on a case involving parenting time and child support issues between a mother and father.

In Lorraine (Carpenter) Miller v. Karl Carpenter, No. 29A02-1107-DR-663, the court affirmed and reversed in part a decision by Hamilton Superior Judge Daniel Pfleging and Magistrate William Greenaway.

The case involves Lorraine Miller and Karl Carpenter, a couple who divorced in 2008 and agreed that the mother would have sole legal custody and primary physical custody of the two children, ages 10 and 8. The father had visitation on alternate weekends and overnight on Wednesdays. The parents agreed to follow the Indiana Parenting Time Guidelines for holidays and special occasions. In calculating child support, they agreed the father would receive credit for 98 overnights, less than the actual 127 nights spent with the children.

Two years after the agreement, father petitioned for joint legal custody, an increase in parenting time and a decrease in child support. The trial court granted the father’s relief and the child support decrease was based on an increase in the mother’s income, a decrease in her child care costs and an increase in parenting time credit.

But on appeal, the panel reversed the grant of joint legal custody to the father because the evidence does not support a conclusion that a substantial change in circumstances had occurred to justify a modification of legal custody. The appellate judges upheld the trial court’s modification of parenting time because it’s in the child’s best interest.

On child support, the appellate judges determined the trial court did not abuse its discretion in finding the evidence of imputed income was too speculative. Because more than a year had passed since the establishment of the original support order and father’s obligation deviated from the guidelines by more than 20 percent, the appeals panel found the trial court didn’t err in reducing the amount of his obligation.

 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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