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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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. 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.

  4. 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.

  5. 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.

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