Child Support

COA decision in dueling-precedent case affirmed by Supreme Court

December 16, 2014
Marilyn Odendahl
Reviewing a conflict in precedent in state caselaw regarding child support, the Indiana Supreme Court upheld the resolution reached by the Indiana Court of Appeals.
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Trial court lacked authority to order dad to pay for child’s college

October 31, 2014
Jennifer Nelson
Tackling an issue of first impression involving a request for payment of post-secondary education expenses, the Indiana Court of Appeals held that a child support order under I.C. 31-16-6-6 refers to the parties’ most recent order concerning support.
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Judges reverse order that man pay ex-wife $95,000 in attorney fees

October 29, 2014
Jennifer Nelson
The Indiana Court of Appeals ruled Wednesday that the arbitrator in a contentious divorce proceeding erred when she ordered the husband to pay $95,000 in attorney fees to his ex-wife.
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Daughter’s cheating negates father’s obligation to pay for college

October 22, 2014
Jennifer Nelson
Finding that the “F” a Purdue University student received after her teacher discovered the student plagiarized comments from other students amounted to disciplinary action from the school, the Indiana Court of Appeals upheld the decision that her father no longer had to pay a portion of her school expenses based on a previous court order.
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Justices order $7,025 credit applied for father’s arrearage

October 1, 2014
Jennifer Nelson
In a per curiam decision released Wednesday, the Indiana Supreme Court accepted a case involving owed child support and ordered the father be credited for more than $7,000 seized from his bank account for the arrearage.
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Child support and tax deduction rulings reversed

September 23, 2014
Dave Stafford
A Lake County father prevailed in appealing a trial court order regarding his child support obligations that deviated from those recommended under Indiana’s official guidelines.
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Father granted custody after mother seeks relocation

September 12, 2014
Jennifer Nelson
Moving from Floyd County to Scott County so a woman could be closer to her work and live with her boyfriend is not in the best interests of her two young children, the Court of Appeals ruled Friday. The judges affirmed the grant of father’s request to modify custody and child support.
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Award of attorney fees reversed in child-support dispute

September 9, 2014
Dave Stafford
The ex-wife in a child-support dispute was improperly awarded a portion of her attorney fees after the trial court rejected her ex-husband’s petition to modify child support.
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COA affirms reduction of incarcerated father’s child support obligation

August 29, 2014
Jennifer Nelson
A trial court did not abuse its discretion by reducing a father’s child support and arrearage to an absolute minimum level after he requested review of his obligation, the Indiana Court of Appeals affirmed Friday. The man, who is incarcerated, claimed the court did not consider his income or needs when making the reduction.
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COA upholds father’s $1,419 weekly child support obligation

July 22, 2014
Jennifer Nelson
In affirming the trial court’s decision to increase a father’s weekly child support obligation to four times the amount he and his ex-wife initially agreed to, the Indiana Court of Appeals asked the Supreme Court to determine how Indiana Code 31-16-8-1 should be interpreted.
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Mother’s argument crushed by precedent

June 13, 2014
Marilyn Odendahl
The Indiana Court of Appeals upheld precedent in finding a mother who made sporadic child support payments over several years did fail to provide assistance for one entire year as outlined in state statute.
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Father entitled to counsel at contempt hearing

June 13, 2014
Jennifer Nelson
A Marion County man has made a prima facie showing that the trial court erred by denying his request for counsel at a hearing on contempt. Brian Moore’s ex-wife wanted him found in contempt for not paying the full amount of child support.
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COA affirms remand to prior judge over father’s objection

May 30, 2014
Dave Stafford
A special judge appointed in a paternity case ruled correctly that matters in the case remanded by the Court of Appeals should be heard by the prior judge who heard the evidence, the appellate court held in a second appeal on the matter.
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Judges affirm $6,600 in child support arrearage

May 8, 2014
Jennifer Nelson
The Indiana Court of Appeals agreed that a father owed only $6,600 in back child support and not $74,000 as the child’s mother claimed.
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COA voids custody order in favor of father

March 28, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed the grant of custody in favor of an Indiana father because the trial court lacked subject matter jurisdiction under the Uniform Interstate Family Support Act to make a custody determination.
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Public comment invited on Indiana’s child support guidelines

March 24, 2014
IL Staff
The Domestic Relations Committee of the Indiana Judicial Conference is soliciting public input concerning recommendations for changes to the state’s child support guidelines.
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Supreme Court: Father’s consent not needed in adoption

March 11, 2014
Dave Stafford
A father who had been incarcerated and failed to keep up with support payments wasn’t denied due process when the children’s mother remarried and her new husband adopted the children.
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Child support arrearage dispute sent back to trial court

February 24, 2014
Marilyn Odendahl
The Indiana Court of Appeals instructed a trial court to do the work necessary before entering an order garnishing a parent’s money for child support. 
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Justices decline to apply dollar for dollar credit for Social Security retirement benefits

December 12, 2013
Jennifer Nelson
The Indiana Supreme Court Thursday declined to revisit previous caselaw regarding crediting Social Security Retirement benefits to a noncustodial parent’s child support obligation. The justices affirmed the trial court’s decision to include the benefits in the custodial parent’s weekly adjusted income.
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Child Support Court being reopened in Gary

December 4, 2013
Marilyn Odendahl
Although an appeal is pending in the Indiana Court of Appeals, the child support court that had been consolidated to Crown Point in early 2013 is moving back to Gary.
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Non-custodial parent must still pay arrearages to cover funeral expenses

November 27, 2013
Marilyn Odendahl
An emancipated child will be able to collect child support arrearages to pay for her custodial parent’s funeral but she and her sibling will not be allowed to accept the remainder of the accrued support payments, ruled the Indiana Court of Appeals.
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Mother who was abused may be required to help fund father's supervised visitation

November 27, 2013
Dave Stafford
The Indiana Court of Appeals has ruled that a domestic violence victim whose earnings since have increased may have to pay for supervised child-visitation services that the father is unable to afford.
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Man didn’t prove ex-wife misappropriated child support payments

October 25, 2013
Jennifer Nelson
Sidestepping a question of first impression in a child support case, the Indiana Court of Appeals reversed the modification of child support due to insufficient evidence. The father in this case believed his ex-wife was using child support money to fund her veterinary practice.
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Justices: Child support agreement must apply changing guidelines

September 26, 2013
Dave Stafford
A father whose annual income included varying bonuses and commissions is obligated to provide child support payments in line with evolving guidelines, despite a support agreement made a year earlier than the rules were revised, the Indiana Supreme Court ruled.
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Mother may petition for college expenses for emancipated children

August 22, 2013
Marilyn Odendahl
Two amendments made by the Indiana General Assembly to the termination of child support and emancipation statute allow for a mother’s college support petition for two emancipated children to stand.
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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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