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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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