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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. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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