ILNews

Court rules on child support nonpayment case

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

  • 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.

    Post a comment to this story

    COMMENTS POLICY
    We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
     
    You are legally responsible for what you post and your anonymity is not guaranteed.
     
    Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
     
    No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
     
    We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
     

    Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

    Sponsored by
    ADVERTISEMENT
    Subscribe to Indiana Lawyer
    1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

    2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

    3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

    4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

    5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

    ADVERTISEMENT