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Judges disagree on applicable child support guideline

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Against the advice of their attorneys, a divorcing couple entered into a settlement agreement that included a “true up” provision for calculating child support each year. That provision is now at issue before the Indiana Court of Appeals.

Cortney Schwartz and Jodi Heeter entered into a marital settlement agreement in which the two agreed that Schwartz would pay Heeter $430 a week in child support. The agreement also contained the “true up” provision, which read: “At the conclusion of each calendar year, starting with 2009, the parties’ respective weekly child support obligation shall be adjusted and recalculated by taking the amount of their gross taxable income from their tax return(s) for that year, dividing it by 52 weeks, and using this amount at line 1 of the [Child Support Obligation Worksheet], with all other factors remaining the same for purposes of calculating the parties’ adjusted child support obligation.”

For the 2009 and 2010 years, Schwartz calculated his “true up” payment using the 2009 Child Support Guidelines and paid Heeter approximately $6,000 more a year. Heeter argued that Schwartz should have used the guideline that was applicable at the time he was paying, so for the 2010 year, he should have used the 2011 guidelines, resulting in an additional $44,000 or more.

The trial court ruled that Schwartz correctly paid for the 2009 year, but his “true up” payment for 2010 should have been based on the 2010 guidelines.

In Cortney L. Schwartz v. Jodi S. Heeter, 02A03-1109-DR-401, the Court of Appeals was divided over what guideline to use, focusing on the word “factors” in the agreement. The majority concluded that the 2009 guidelines should be used until a modification is made to the child support order, so the trial court was correct regarding the 2009 calculation, but erred on the 2010 calculation.

Judge Paul Mathias dissented on this point, finding the trial court’s determination to be the correct one. He believed the provision in the agreement meant that the other “factors” that will remain the same are the other variables that go into calculating the “true up” amount, not the child support obligation worksheet or formula itself.

The appellate court ruled that Heeter may not on remand seek rulings from the trial court on her prior motions for modification of Schwartz’s support obligation because she didn’t comply with Appellate Rule 46(A)(8), and it denied her request for appellate attorney fees.

The case was remanded for further proceedings.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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