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Judges affirm $6,600 in child support arrearage

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The Indiana Court of Appeals agreed that a father owed only $6,600 in back child support and not $74,000 as the child’s mother claimed.

L.S., the daughter of Belinda Douglas and Neil Spicer, was born in February 1994. Spicer was listed on L.S.’s birth certificate, but a paternity action initiated in late 2004 was dismissed in October 2005 after both parties failed to appear at a status hearing.

Before dismissing the action, the trial court in February 2005 entered a provisional order for Neil to pay Douglas $200 per week in child support. Spicer never paid the court-ordered child support, but did provide financial care for his daughter, including providing health insurance.

Douglas filed to reopen the case in 2012, in which the trial court ordered Spicer to pay $6,600 in arrearage for the 33 weeks between Feb. 23, 2005, and Oct. 12, 2005, when the court dismissed the case.

Douglas argued that Spicer actually owes her $74,000 in arrearage, but the Court of Appeals affirmed the court-ordered amount. The judges found the same principle in I.C. 31-15-4-14 applies in this case. That statute provides that a provisional order in a dissolution action terminates when the final decree is entered or the petition for dissolution is dismissed.  Since the February 2005 child support order was a provisional order for “temporary support” pending a hearing on child support, the trial court properly found Spicer’s obligation to pay child support ended in October 2005.

The judges also rejected Douglas’ claim that Spicer did not satisfy his common law duty to support his daughter in Belinda Douglas v. Neil Spicer and L.S., 32A01-1309-JP-403.

 

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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