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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. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

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