ILNews

Judges disagree on retroactive support issue

Back to TopCommentsE-mailPrintBookmark and Share

In a matter of first impression, a panel of Indiana Court of Appeals judges couldn't agree on whether an initial support order can be retroactive to a date preceding the filing of a petition for resolution. The judges disagreed as to whether a court has the authority to reach into an intact marriage and order a party to pay child support to the other.

In In re the marriage of Raymond Boone v. Tammy Boone, No. 45A03-0906-CV-243, the majority concluded Indiana courts don't have the authority to order a parent to pay some form of child support during a time when the parties' marriage was still intact in the eyes of the law. Judges Ezra Friedlander and Cale Bradford interpreted the silence in the Indiana Child Support guidelines prohibiting retroactive payment of child support in a case like this to mean the Indiana legislature didn't intend for retroactive child support predating the filing of a dissolution decree because the legislature had demonstrated the ability to authorize retroactive child support in other areas.

Judge Edward Najam, however, interpreted the silence to mean nothing prohibits the ordering of payment of the retroactive child support.

"Given the robust approach our legislature has taken to ensure that all children are supported adequately by their parents until the age of majority, I cannot imagine that the legislature intended for married parents to be granted a full reprieve from their child support obligations simply because they are married," he wrote.

Retroactive modification of child support is prohibited except where explicitly authorized and can relate back in a time only to the filing of the request for it, except in paternity actions, wrote Judge Friedlander. In dissolution actions, the courts get involved when the petition is filed and prior to this it has no jurisdiction to issue orders pertaining to matters involving children except in neglect or abuse cases.

But Judge Najam countered that courts routinely delve into the facts and circumstances of a marriage as they existed prior to filing for dissolution. "Intact marriage" isn't defined in the law and it means uninjured. But the Boone marriage wasn't intact as they were living apart for several years, and Raymond stopped paying non-court-ordered child support before he filed for dissolution, wrote Judge Najam.

The majority ruling won't immunize deadbeat parents, as Judge Najam supposes, wrote Judge Friedlander.

"To the contrary, our holding in no way diminishes or abrogates the common-law duty of support, nor does it diminish the means by which the State or custodial parents may compel a recalcitrant or neglectful parent to fulfill that duty," he wrote. "Rather, we merely decline to add a means of imposing a support arrearage, for that is exactly what the rule proposed and embraced by the dissent would accomplish."

The majority reversed the portion of the Boones' dissolution order that required Raymond pay child support retroactive to the date the dissolution was filed. The case was remanded with instructions to modify the support order consistent with the opinion.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT