ILNews

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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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