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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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  4. Oh, and you fail to mention that you deprived the father of far FAR more time than he ever did you, even requiring officers to escort the children back into his care. Please, can you see that you had a huge part in "starting the war?" Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  5. Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

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