ILNews

Granted transfers include child-support case

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The Indiana Supreme Court granted three transfers late last week, including one in which the court will re-examine a 2007 decision involving child support and incarcerated parents.

In Todd Allen Clark v. Michelle D. Clark, No. 35A05-0801-CV-26, the Supreme Court will decide whether its decision in Lambert v. Lambert, 861 N.E.2d 1176 (Ind. 2007), also applies to a request for a modification because of incarceration. The Court of Appeals used the Lambert decision - which held incarceration doesn't relieve a parent of child support obligations but makes calculation of support based on actual income or assets the parent has - to determine whether Todd Clark's verified petition for abatement and/or modification of child support order should be granted.

Court of Appeals Judge Margret Robb dissented, writing that it was up to the Supreme Court to expand the parameters of Lambert to include petitions for abatement or modification.

In Steven McCullough v. State, No. 49A02-0711-CR-931, the Court of Appeals ruled on an issue of first impression: whether the state can file a cross-appeal of a sentence. The appellate court held the state can't cross-appeal a sentence for abuse of discretion or inappropriateness unless the defendant appeals his or her sentence in the appellant's brief.

In Jeffrey A. Graham v. State, No. 03A04-0712-CR-688, the Indiana Court of Appeals upheld Graham's convictions of criminal recklessness, resisting law enforcement, and criminal mischief, but reversed the trial court's restitution order because the court didn't inquire into his ability to pay. The state presented no evidence at the sentencing hearing regarding his education, employment, income, or living expense. The matter was remanded with instructions to determine Graham's ability to pay and to fix a manner of payment.

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  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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