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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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