Child Support

COA reverses child support modification despite untimely appeal

April 13, 2017
Olivia Covington
Despite a father’s untimely filing of an appeal, the Indiana Court of Appeals decided to reverse a child custody modification order, finding there was an “extraordinarily compelling reason” to consider the father’s case on its merits.
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COA remands child support case

March 27, 2017
Olivia Covington
An Indiana trial court did not err in finding a Marion County father is voluntarily underemployed, yet it failed to consider evidence of the father’s prevailing job opportunities or earnings level, the Indiana Court of Appeals found Monday.
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COA reverses modification of child support order

February 28, 2017
Olivia Covington
The Indiana Court of Appeals has reversed the modification of a child support ordering, finding that there were no substantial and continuing circumstances to justify the change.
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COA upholds child support order in peculiar case involving non-biological son

January 11, 2017
Marilyn Odendahl
A divorce involving a troubled husband, unfaithful wife and a 12-year lie unraveled into a child support and paternity dispute that ended with a split Indiana Court of Appeals ordering the non-biological father to provide financial assistance. Any other ruling, the majority reasoned, would leave the minor without a dad.
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Man must continue to pay child support for son he claimed was his, court holds

November 23, 2016
Olivia Covington
A divided Court of Appeals panel has affirmed an order requiring a non-biological father to pay child support for his wife’s child, finding that because the man supported the child throughout his life, he is legally estopped from challenging the child support order.
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Commission expects final regulations on daily fantasy sports by summer 2017

October 26, 2016
Olivia Covington
After Indiana became the second state in the country to authorize daily fantasy sports activities during the 2016 legislative session, the Indiana Gaming Commission told state lawmakers Tuesday that it is moving closer toward its goal of developing a set of rules to regulate the new industry.
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COA affirms woman in same-sex relationship legal parent of child

August 15, 2016
Jennifer Nelson
The Indiana Court of Appeals on Monday affirmed a trial court’s conclusion that a lesbian couple who entered into a registered domestic partnership in California should be treated like married spouses. As such, the judges affirmed the award of joint legal custody and parenting time to the non-biological parent after the couple broke up.
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Mother to be sanctioned for willfully denying parenting time

July 29, 2016
Jennifer Nelson
A mother that has prevented her son from seeing his father since 2009 and purposefully disobeyed parenting time orders and contempt orders must be sanctioned, the Indiana Court of Appeals ruled Friday.
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Father must still pay part of son’s college expenses, COA holds

July 27, 2016
Jennifer Nelson
The Indiana Court of Appeals agreed that a teenager has not repudiated his relationship with this estranged father and affirmed the trial court’s ruling that the boy, his mother, and his father must each pay a third of his college expenses.
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COA: Mother justified in deciding not to work as doctor

May 31, 2016
Jennifer Nelson
In a child support case in which a man challenged the decision by his son’s mother to quit her job as a doctor to stay at home with her children, the Indiana Court of Appeals found she had just cause to do so based on the sons’ special needs.
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Attorney: Child molest convict vows to support daughter

March 4, 2016
 Associated Press
The attorney for an Indianapolis man sentenced to 12 years on probation for molesting his daughter says his client has promised to devote his life to financially support the girl since he has avoided prison.
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Court erred in granting mom relief from dad’s Wyoming order

January 12, 2016
Dave Stafford
An Indiana trial court erred when it granted a mother’s request for Trial Rule 60(B) relief from a Wyoming court order that reduced a father’s child support arrearage to zero.
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Daughter’s emancipation leads to reduction in child support

December 11, 2015
Jennifer Nelson
A trial court should have reduced a father’s child support obligation to his three children because his daughter’s emancipation constitutes a substantial and continuing change, the Indiana Court of Appeals held Friday. The trial court denied the father’s motion because the amount of child support offered differed by less than 20 percent of the amount dictated by the Indiana Child Support Guidelines.
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COA affirms child support, debt division orders

September 14, 2015
Dave Stafford
The Indiana Court of Appeals Monday rejected an adoptive father’s argument that he was ordered through a dissolution order to pay too much in child support, including a retroactive amount creating an arrearage. 
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Incomplete contempt orders get reversed

August 31, 2015
Marilyn Odendahl
A trial court’s multiple contempt orders against a father have been overturned after the Indiana Court of Appeals found they did not “clearly and distinctly” state the reasons for the contempt citations.
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Divided COA panel reverses modification of support

August 13, 2015
Dave Stafford
A judge who ordered a modification of child support after a father told the court he was moving out of state and intended to seek custody of a minor child acted prematurely, a Court of Appeals panel majority ruled Thursday.
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Lawyers applaud proposed changes to child support guidelines

July 29, 2015
Marilyn Odendahl
The passage and implementation of the federal Affordable Care Act is underlying a proposal to rid Indiana’s child support guidelines of a loophole and complicated health insurance worksheet.
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Reversal: Trial court erred in vacating agreed paternity order

July 16, 2015
Dave Stafford
A Hendricks County trial court erred by disregarding a mother and father’s agreed paternity order, the Indiana Court of Appeals ruled Thursday, sending the matter back to the trial court. The court affirmed a judgment against father to pay mother’s attorney fees.
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Comment sought on possible child support guideline changes

June 26, 2015
IL Staff
The Indiana Supreme Court is considering altering the child support guidelines, which provide a measure for determining the amount of child support each parents owes.
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Inconsistency by trial court leads to partial reversal

June 3, 2015
Jennifer Nelson
Because a trial court hearing a child support matter at first declined to impute the income of the stepfather to the child's mother, but later treated their income as the same when it came to the cost of her child's health insurance, the Indiana Court of Appeals partially reversed a Hamilton Superior Court's 2014 ruling.
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Court erred in concluding it lacked jurisdiction over military husband

May 7, 2015
Jennifer Nelson
The Indiana Court of Appeals sent a divorce case back to the trial court Thursday because the trial court erred in concluding that it lacked jurisdiction over the husband on division of property and spousal maintenance issues.
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Justices affirm upward deviation from child support guidelines

April 29, 2015
Jennifer Nelson
A trial court did not commit clear error when it deviated from the Indiana Child Support Guidelines by not granting a father the full parenting time credit calculated and allowed his ex-wife to claim their child each year on her taxes, the Indiana Supreme Court ruled Tuesday. The justices also outlined the best practices to be used when a trial court conducts summary proceedings.
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Justices dismiss Ball State from mother’s action seeking college expenses from ex-husband

March 18, 2015
Jennifer Nelson
Ball State University should not have been added as a supplemental defendant in a woman’s petition to modify child support and seek postsecondary expenses from her ex-husband for her daughter, the Indiana Supreme Court held Wednesday.
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Ex-husband needed to take action to modify judgment, COA rules

March 12, 2015
Jennifer Nelson
A man challenging the proposed value of his pension’s surviving spouse benefit in a dissolution proceeding had to file his own Ind. Trial Rule 60(B) motion and not rely on the same motion filed by his ex-wife, the Indiana Court of Appeals held Thursday.
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COA affirms father must pay $876 in child support to non-custodial parent

February 3, 2015
Jennifer Nelson
There was no error by a trial court when it ordered a father to pay his ex-wife, who is the non-custodial parent of their two children, nearly $900 a week in child support, the Court of Appeals affirmed Tuesday. The order and figure are supported by the Indiana Child Support Guidelines.
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  1. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

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  3. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  4. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

  5. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

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