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Court rules on child support nonpayment case

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Just because someone doesn’t pay child support for more than one son or daughter doesn’t mean the person can be charged more than once for that criminal nonpayment if there’s only one support order issued.

The Indiana Court of Appeals issued a decision today in Amir H. Sanjari v. State of Indiana, No. 20A03-1007-CR-384, a dramatic child support case out of Elkhart County. The father and mother had married in London in 1982, moved to Switzerland before the couple’s two children were born and they later moved to the U.S. Sanjari worked as a nuclear physicist at Notre Dame and eventually went to work as a medical physicist at a cancer treatment center in Goshen before they divorced in 2000.

At first, they shared joint custody but the mother obtained sole custody in 2001 and a long legal battle on custody and support began. Sanjari sought relief from federal courts and agencies for several years alleging a “train of conspiracy” against him by his former wife and the state courts. During that time he was moving between states and refusing to pay his support at all. The state charged him with two counts of Class C felony nonsupport of a dependent child in October 2006 when the amount totaled $17,728, but he remained at large and was ultimately arrested in California and extradited to Indiana in March 2009.

Jailed during the legal proceedings, Sanjari received repeated continuances and refused appointed and standby counsel as he attempted to represent himself. At one point he held a hunger strike in protest and a guardian ad litem was appointed. He eventually told the trial court he felt ill and couldn’t attend a pretrial hearing, and he tried to have an attorney from Ohio and Washington D.C. represent him. But that lawyer wasn’t licensed here and despite the court’s notice and repeated attempts to assist Sanjari, that out-of-state counsel wasn’t admitted and the hearing date arrived in late 2009. Sanjari complained of an ear infection in prison and the court held the hearing in his absence.

That became a part of the appeal when Sanjari argued the trial court erred in holding that hearing, but the Court of Appeals disagreed and said the man had received enough notice and there wasn’t evidence that he could not have attended.

Ruling against the father on nearly all of his points, the Court of Appeals did find in his favor on the issue of whether the double jeopardy prohibition had been violated by the two felony child support charges. Sanjari argued that only one child support order had been issued and it included both of his minor children, so he shouldn’t have been charged or convicted twice.

Analyzing Indiana Code Section 35-46-1-5(a), the appellate panel noted that the law says a person can be charged with a class C felony if the total amount of unpaid child support is at least $15,000 and is owed for one or more children.

The court vacated his second Class C felony nonsupport count, but affirmed the five-year sentence on the first one.
 

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  • Child Support
    How do I get results like that? My ex-wife owes me in excess of $50,000. My case has been with the Allen County prosecutors office for over 3 yrs now. The last payment she made was in september 2010. She has filed a motion for relief of judgement.. What does that mean exactly?

    Thanks
  • child support
    Was your case in Elkhart... can you tell me some details? My husband is in jail for non-support and awaiting his court dates. I am wondering if they're still doing the two charge thing ... on the court document they sent here has two instances listed (as if they're two seperate issues).
  • two felonies
    i was convicted the same way. cani sue?mikejewel48@yahoo.com
    • USA Police State
      This Story is all over world.

      The USA has a well earned reputation of being a police state. Even for the most minor infraction, you can go to jail for years....

      The USA has the highest incarceration rate in the world and stand with Iran as it's only partner in trying juveniles as adults.

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    1. Good riddance to this dangerous activist judge

    2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

    3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

    4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

    5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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