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Dad not in contempt for failure to pay full support

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The Indiana Court of Appeals agreed a man was not in contempt for failing to pay child support ordered by a Florida court even though the Indiana trial court enforced his obligation for less than the amount ordered in Florida.

Suzanne Hamilton appealed the Indiana trial court order in In Re the Marriage of: Suzanne Hebert Hamilton v. Richard Wayne Hamilton, No. 82A01-0804-CV-151, arguing the trial court effectively modified the Florida support order by requiring Richard Hamilton to only pay $150 a week instead of the nearly $1,500 a month as required under the Florida court order. She also believed the trial court erred by not finding Richard in contempt and requiring him to serve jail time.

Under the Uniform Interstate Family Support Act, Florida maintains exclusive jurisdiction to modify the Hamiltons' support order, wrote Judge Nancy Vaidik, with Indiana only able to enforce the order as the responding state. The Indiana trial court had discretion under the act to craft an enforcement mechanism to encourage Richard, who had relocated to Evansville after the divorce, to comply with the Florida order. The act also allows Indiana to determine the manner of compliance with the order.

The decision by the Indiana trial court to allow Richard to pay Suzanne $1,000, find full-time employment, and give Suzanne $150 a week or else he would be ordered to serve the 170-day sentence ordered by the Florida court, is a permissible enforcement order, wrote Judge Vaidik. The Indiana trial court didn't suspend Richard's monthly child support obligation, and every month he doesn't pay the full amount, his arrearage will grow. Also, after hearing evidence of Richard's employment and other circumstances, the trial court required him to pay the purge amount, find a job, and execute a wage assignment.

The Indiana trial court was correct in not finding Richard in contempt for failing to pay his full child support obligation and sometimes missing the required $150 payments to Suzanne, because the record shows Richard did everything required by the Indiana trial court to avoid being found in contempt, wrote Judge Vaidik.

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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