ILNews

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. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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