ILNews

Judges reverse insurance double credit

Jennifer Nelson
January 1, 2009
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A trial court erred when it issued a mother two health insurance credits instead of one, which led to a miscalculation of the child support owed between the parents, the Indiana Court of Appeals ruled today.

In D.W. v. L.W., No. 20A04-0907-CV-375, father D.W. paid child support to his ex-wife L.W. for his three minor children, who lived with their mother. The mother paid nearly $57 a week in premiums for health insurance covering the three kids.

One of the children eventually moved in with the father and the child support order was modified. The trial court granted the mother a health insurance credit of $57 per week for 2007, and ordered father's child support obligation re-set to $12 a week during the 2007-2008 time period. The trial court relied on two offsetting child support worksheets, which separately calculated the father's obligation with respect to the two kids living with the mother and the mother's offsetting obligation with respect to the child living with the father. Both worksheets included the health insurance credit and a corresponding $57 credit to the mother.

The trial court denied the father's motion to correct error.

The Court of Appeals found the trial court erred by granting a $114 credit to the mother, rather than the single $57 per week credit. Under the Indiana Child Support Rules and Guidelines, it would be correct for the court to add $57 per week to the basic child support amount for all three children and give the mother a credit for the same amount. This case is not straightforward though, wrote Judge Margret Robb, because the mother paid the premium for all three kids, but only two lived with her.

"The guidelines do not provide specific guidance for the resulting question of how a single health insurance premium is to be divided among the children and the two worksheets for purposes of calculating any credit due the paying parent," she wrote.

The father argued for a prorated premium and credit under the circumstances but didn't cite any authority to support it. But the results of the two worksheets are ultimately combined, and the Court of Appeals can't say the trial court's failure to divide the costs and credits between the two worksheets was an abuse of discretion by itself.

The appellate court did agree with the father that it was improper for the court to credit the mother twice for the health insurance premium. The trial court made no finding that deviation from the guidelines was appropriate based on the circumstances of the case.

"Further, if either parent had custody of all three minor children, the language of the guidelines would instruct the trial court to count the credit only once. We see no reason to count the credit twice here, simply because Mother has custody of only two of the children," wrote Judge Robb.

The appellate court remanded with instructions the trial court order mother to pay the father $23 per week in child support for the 2007-2008 time period and determine any support arrearage owing between the two.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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