Child Support
Justices uphold probation revocation for child support non-payment
March 23, 2012
Michael HoskinsA 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.
MoreNonsupport of dependent enhancement not based on number of children
February 17, 2012
Jennifer NelsonThe Indiana Supreme Court ruled Thursday that under Indiana Code 35-46-1-5(a), the enhancement of nonsupport of a dependent
child to a Class C felony because of an arrearage of $15,000 or more is triggered by the dollar amount owed, regardless of
how many children the parent has.
MoreCourt does not have subject matter jurisdiction over child support
February 8, 2012
Jennifer NelsonIn addressing whether a trial court in Indiana erred in dismissing a woman’s petition for modification of child support
previously entered in Maryland, the Indiana Court of Appeals noted an incongruity in the statutory scheme that leads to the
“somewhat absurd result in this case.”
MoreComment sought on proposed changes to parenting time guidelines
February 8, 2012
IL StaffThe Indiana Judicial Center’s Domestic Relations Committee is seeking comment on proposed changes to the parenting time
guidelines, which includes parenting coordination guidelines.
MoreBill would change child support statute
January 18, 2012
Jenny MontgomerySenate Bill 18 could reduce arrearages.
MoreJudges examine double jeopardy issues in child support case
January 6, 2012
Michael HoskinsThe Indiana Court of Appeals has found a man’s three convictions on non-payment of child support for his three children don't violate double jeopardy principles, even though that issue is currently pending in another case before the Indiana Supreme Court.
Judges divided over prison term for probation violation
October 25, 2011
Jennifer NelsonThe Indiana Court of Appeals was divided in affirming a man’s revocation of probation and order that he serve 12 years
of his suspended sentence, with the dissenting judge finding this decision will penalize his child who is relying on support
payments.
MoreAppellate court tackles child support issues
October 12, 2011
Jennifer NelsonIn three opinions released Wednesday, the Indiana Court of Appeals ruled on child support issues – the application of
Social Security benefits to an arrearage and whether two fathers who were incarcerated for not paying child support could
have their support obligations modified.
MoreJustices take 3 cases
September 6, 2011
IL StaffThe Indiana Supreme Court has granted transfer to three cases, including one that led to a split in the lower appellate court
in a child support case.
MoreCasino winnings pay child support
August 17, 2011
Michael HoskinsIndiana’s casinos have blocked payouts to hundreds of state gamblers who are behind on their child support payments
during the past year.
MoreDetermining dependency in child support
August 17, 2011
Michael HoskinsA new law merges what guidelines had previously only recommended.
MoreCOA upholds $12 garnishment
July 13, 2011
Jennifer NelsonA Miami Circuit Court did not err in its interpretation of a statute involving garnishment of wages when ruling a company
was correctly withholding only $12.17 from an employee, held the Indiana Court of Appeals Wednesday.
MoreCourt examines 'entry' of guilty plea withdrawal motions
July 7, 2011
Michael HoskinsThe Court of Appeals has ruled that a man convicted of not paying more than $22,000 in child support wrongly interpreted state
law about withdrawing his guilty plea, and that the trial judge correctly prevented the man from doing so because he didn’t
file a request in writing or justify the withdrawal.
MoreProposed rules provide uniformity for parenting coordinators
May 25, 2011
Jennifer NelsonThe use of parenting coordinators is increasing around the state. But depending on where you are in Indiana, the authority
of the parenting coordinator – PC – may differ. In an effort to create uniformity, rules are being proposed that
would regulate the role and authority of PCs.
MoreMother's rights at issue in COA reversal
May 20, 2011
Michael HoskinsThe Indiana Court of Appeals has reversed a paternity ruling from Vanderburgh County, finding that the judge should have taken
a second look at the case after a mother wasn’t given a chance to be properly heard on custody of her child.
MoreJustices take felony murder, child support cases
May 9, 2011
Jennifer NelsonThe Indiana Supreme Court has granted transfer to two cases - a convicted murder’s appeal and a case involving child
support nonpayment.
MoreJudges split on child support modification
March 25, 2011
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues, finding their decision regarding child support promotes “formalism
over fairness and legalism over common sense.”
MoreCOA: State didn't meet burden for probation revocation
March 23, 2011
Jennifer NelsonThe Indiana Court of Appeals has held – with a few exceptions – that a trial court may revoke probation for not
satisfying a financial obligation only if the state proves by a preponderance of the evidence there is less than full payment
and the probationer submitted that smaller payment recklessly, knowingly, or intentionally.
MoreAppeal questions 'enrollment,' self-supporting standards for emancipation
March 18, 2011
Michael HoskinsIn tackling a child support case involving a teenager’s emancipation, Indiana Court of Appeals judges disagree on what
state statute defines as “enrolled” in college. One judge believes the majority wrongly reweighed evidence in
this case to come to its decision.
MoreEncouraging diversity in CASA programs
March 16, 2011
Rebecca BerfangerHaving volunteers and staff who can relate to families that interact with Court Appointed Special Advocates programs has proven
invaluable to a number of county-level CASA programs in Indiana. Indianapolis-based Child Advocates Inc. received the National
CASA Inclusion Award for its inclusion and diversity plan March 20 at the National CASA conference in Chicago.
MoreCOA orders a new child support order
February 25, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a father’s petition to modify child support. The judges held he
didn’t waive his argument for modification because he made a prima facie showing he qualified for a modification under
one subsection of the statute, even though he argued before the trial court that he qualified based on the other subsection.
MoreJustices adopt COA adoption holding, invite attorney fee motions
February 17, 2011
Michael HoskinsThe Indiana Supreme Court has granted transfer on a St. Joseph County adoption case and fully adopted a holding by the state’s
intermediate appellate court. In doing so, the state justices invited the prevailing biological mother to request attorney
fees because of what it found to be possible frivolous or bad faith efforts.
MoreCourt rules on child support nonpayment case
February 11, 2011
Michael HoskinsJust because someone doesn’t pay child support for more than one son or daughter doesn’t mean the person can be
charged more than once for that criminal nonpayment if there’s only one support order issued.
MoreJustices uphold modification of physical custody to father
February 8, 2011
Jennifer NelsonA majority of Indiana Supreme Court justices granted transfer today to Mariea L. Best v. Russell C. Best, No. 06S05-1102-CV-73, and affirmed a special judge’s
decision to grant a father physical custody of his daughter M.B. They held the trial court made the necessary findings to
support the modification.
MoreFederal judge rules against state on immigrant paternity case
January 28, 2011
Michael HoskinsSitting at the crossroads between immigration law, paternity establishment, and the controversy on how the United States handles
illegal immigrants, a federal judge in Indianapolis has ordered state health officials to stop denying unmarried immigrant
parents without a Social Security number the ability to file an affidavit establishing paternity.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.