ILNews

Justices take child support case

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The Indiana Supreme Court granted transfer to just one case last week, a not-for-publication decision out of the Indiana Court of Appeals dealing with a parent’s financial obligations to his children.

The lower appellate court held the trial court properly calculated Richard Eric Johnson’s prior uninsured health care expense obligation based on the parties’ original agreement; appropriately considered and decided parenting time; and did not abuse its discretion in denying his request to modify the parties’ agreement regarding payment of college expenses for the two children. The judges did conclude that the trial court abused its discretion in calculating Gillian Wheeler Johnson’s health insurance premium credit; in ordering Richard Johnson to pay all transportation costs for parenting time; and in failing to incorporate in its order the parties’ agreement regarding payment of extracurricular expenses.

The judges also held that although the trial court did not abuse its discretion in finding the father is entitled to a credit for Social Security benefits the children receive, it did not correctly apply any such credit to the child support calculation. They reversed the trial court’s order with respect to these issues and remanded for the trial court to recalculate child support and amend its order consistent with this opinion.

The case is Richard Eric Johnson v. Gillian Wheeler Johnson, 49S05-1303-DR-199.
 
The justices denied transfer to 20 cases for the week ending March 15.

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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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