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High court expands Lambert decision

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The Indiana Supreme Court issued two opinions today dealing with incarceration being considered as a substantial change in circumstances to justify modifying a child support order and what date a modification may take place.

In Todd Allen Clark v. Michelle D. Clark, No. 35S05-0809-CV-506, the justices used the same reasoning it employed in Lambert v. Lambert, 861 N.E.2d 1176 (Ind. 2007), to justify modification of an existing child support obligation. Todd Clark went to prison after his original child support order had been instituted; he claimed he is unable to pay the $53 a week due to his incarceration. He filed a verified petition for abatement and/or modification order requesting it reduce, revoke, or abate his child support obligation until his release in 2013.

The trial court denied his petition and the Indiana Court of Appeals reversed, holding his incarceration constituted a substantial change in circumstances that could justify a modification.

Lambert only addressed whether pre-incarceration income shouldn't be imputed to an imprisoned parent when setting an initial child support order, but today's ruling extends to petitions to modify support based on the incarceration of a parent.

In Gary Becker v. Heather Becker, No. 49S04-0903-CV-113, the justices determined the effective date of modifying an existing child support order because of incarceration may not take effect on a date earlier than the date on which the petition to modify is filed.

Gary Becker petitioned for divorce in 1997 while he was incarcerated. The trial court set his weekly child support obligation at $110. In 2002, he filed a petition to modify because he received only $16 a month in prison. The trial court denied his request.

Becker invoked Lambert to request another modification of his child support obligation in 2007. The trial court reduced it to $25 a week effective the date of the Lambert decision; Becker appealed, arguing it should have been reduced retroactively to the date of the divorce.

The Supreme Court ruled the modification of a support obligation may only relate back to the date the petition to modify was filed and not an earlier date.

"We now hold that Lambert and Clark do not apply retroactively to modify child support orders already final, but only relate to petitions to modify child support granted after Lambert was decided. A trial court only has the discretion to make a modification of child support due to incarceration effective as of a date no earlier than the date of the petition to modify," wrote Justice Frank Sullivan.

The high court vacated the trial court's abatement of Becker's obligation to the extent that it was ordered retroactive to the date of Lambert and remanded for further proceedings.

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  • child support
    in lambert v. lambert did this man have a job pryor to incaration? was he up to date on his child support oblagation?oy

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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