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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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