ILNews

Judges differ on day-care credit, child support

Jennifer Nelson
January 1, 2008
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An Indiana Court of Appeals panel disagrees about whether or not a parent who uses day care when he or she isn't working is entitled to a child-support tax credit.

In Craig Cross v. Victoria Cross, No. 49A05-0802-CV-94, authoring Judge Elaine Brown and Judge Paul Mathias ruled the trial court erred in ordering father Craig Cross to pay $30 more a week to pay for Victoria Cross' work-related day care for their adult child with autism. At issue is whether or not the day-care expenses claimed by Victoria were incurred in connection with her employment.

Victoria worked as a health-care provider for a patient with Alzheimer's and would bring her daughter V.E.C. with her to work, but she paid a neighbor $30 a week to watch V.E.C. for five hours so Victoria could be relieved of her constant supervision of her daughter.

The majority found Victoria's day-care expense isn't work-related or income-producing, so it doesn't fall within the provisions of the Child Support Guidelines. As a result, Craig shouldn't be responsible for paying for the day care, Judge Brown wrote.

If the trial court would have entered a written finding as to why it deviated from the Child Support Guidelines, then the day-care cost could have been credited to Victoria, the appellate court determined. But because the trial court didn't, the majority reversed the order crediting her for work-related day care.

But Chief Judge John G. Baker adopted Victoria's argument as to why she should receive a work-related day-care credit and quoted from her brief that giving her a break during the week gives her respite "necessary to handle both the duties at her job and the responsibilities she has as [her daughter's] full-time caregiver."

He believed the majority's adoption of the Child Support Guidelines was overly literal and that the child-care cost was work related because a brief, weekly break allowed Victoria to continue to work and receive an income, he wrote.

All three judges affirmed the trial court's grant of Victoria's motion to withdraw admissions, its exclusion of V.E.C.'s Supplemental Security Income from its determination of Craig's child-support obligation, and its denial of Craig's petition to claim the children for tax-exemption purposes.
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  1. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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