Justices uphold probation revocation for child support non-payment

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A trial judge was correct in revoking a man’s probation based on his failure to pay weekly child support as a condition of his probation, the Indiana Supreme Court has ruled.

In Troy R. Smith v. State of Indiana, No. 35S02-1106-CR-369, the justices unanimously affirmed Huntington Superior Judge Jeffrey Heffelfinger’s decision involving a felony case of non-support.

Troy Smith pleaded guilty in May 2007 to Class D felony of non-support of a dependent child, regarding $4,671.13 that he hadn’t paid. Though Smith remained current on his payments through November 2008, he started making partial payments on his support and arrearage or stopped periodically. His probation officer field a revocation petition in March 2010.

Concluding that Smith had violated the terms of his probation by failing to pay current support every week, the trial court revoked Smith’s probation and ordered him to serve the remainder of his three-year sentence. The Court of Appeals last year reversed, finding the state didn’t meet its burden in proving that Smith had the ability to pay and that the probation shouldn’t have been fully revoked.

The justices pointed to their decision two years ago in Runyon v. State, 939 N.E.2d 613, 616 (Ind. 2010), which dealt with a similar issue and answered many of the questions that Smith has raised in his arguments. The court noted in Runyon that state law allows probation to be revoked for a probation condition violation, but if that violation involves a financial obligation, then the probationer must have “recklessly, knowingly, or intentionally” failed to pay.

The justices determined that the trial judge is the fact finder who’s best able to reasonably conclude whether Smith met that standard in failing to pay current or past child support as required. Since Smith failed to carry his burden in convincing the trial judge, the justices found that the trial court didn’t abuse its discretion in revoking Smith’s probation.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...