Indiana order doesn't modify Florida order

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The Indiana Supreme Court affirmed that a Vanderburgh Superior Court's order requiring a father to pay less than the full amount of a Florida support obligation, which allowed him to avoid incarceration, didn't impermissibly modify the foreign judgment.

In Suzanne Herbert Hamilton v. Richard Wayne Hamilton, No. 82S01-0904-CV-149, Suzanne Hamilton appealed the trial court's decision and affirmation by the Indiana Court of Appeals regarding the Vanderburgh Superior Court's order finding her ex-husband Richard Hamilton not to be in contempt because he met the conditions imposed by an earlier order from the Indiana court. Richard had relocated to Evansville following their divorce and was found in contempt by a Florida court for not fulfilling his child support obligations. Suzanne registered the Florida support judgment and contempt order in Indiana.

The Vanderburgh court found Richard to be in contempt but stayed his jail sentence upon his meeting certain conditions. The trial court later ruled he wasn't in contempt of the Indiana orders and explained that under the Federal Consumer Credit Protection Act, he already had the maximum amount of income withheld.

Using the Full Faith and Credit for Child Support Orders Act and the Uniform Interstate Family Support Act, the Supreme Court upheld the decision that the trial court's orders were enforcement mechanisms, not modifications of the original Florida support order.

The trial court gave full faith and credit to the Florida order and didn't alter the amount, scope, or duration of Richard's nearly $1,500 a month obligation, wrote Justice Theodore Boehm. The arrearages also continued to accrue in accordance with the Florida order.

The trial court's orders are consistent with the UIFSA and the requirements of the Federal Constitution, he continued.

"We are obligated to give the Florida order the same effect it would receive in a Florida court. But we are directed to no principle of Florida law that mandates imprisonment for contempt for violation of a support order, or precludes orders that attempt to maximize compliance in light of realistic prospects of payment," he wrote.

The Supreme Court concluded it would be erroneous for the trial court to base its support-related contempt finding on the garnishment limitations imposed under the FCCPA. The record is sufficient to support the trial court's findings; however, the high court isn't sure if the findings were on the basis of the trial court's ruling or whether the trial court felt constrained by the FCCPA in reaching its decision, wrote Justice Boehm.

"Most of the trial court's order that is the basis of this appeal deals with the FCCPA, as opposed to the evidence and conditions at issue in the case. To the extent the trial court's ruling was based on the FCCPA garnishment limitations, it was predicated on an erroneous view of the law. We therefore remand to the trial court to render a contempt determination without reference or deference to the FCCPA," the justice wrote.

The Supreme Court also affirmed the denial of Richard's request for appellate attorney fees because the appeal isn't frivolous or vindictive.


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.