Child Support

COA upholds $12 garnishment

July 13, 2011
Jennifer Nelson
A 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.
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Court examines 'entry' of guilty plea withdrawal motions

July 7, 2011
Michael Hoskins
The 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.
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Proposed rules provide uniformity for parenting coordinators

May 25, 2011
Jennifer Nelson
The 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.
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Mother's rights at issue in COA reversal

May 20, 2011
Michael Hoskins
The 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.
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Justices take felony murder, child support cases

May 9, 2011
Jennifer Nelson
The Indiana Supreme Court has granted transfer to two cases - a convicted murder’s appeal and a case involving child support nonpayment.
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Judges split on child support modification

March 25, 2011
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues, finding their decision regarding child support promotes “formalism over fairness and legalism over common sense.”
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COA: State didn't meet burden for probation revocation

March 23, 2011
Jennifer Nelson
The 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.
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Appeal questions 'enrollment,' self-supporting standards for emancipation

March 18, 2011
Michael Hoskins
In 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.
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Encouraging diversity in CASA programs

March 16, 2011
Rebecca Berfanger
Having 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.
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COA orders a new child support order

February 25, 2011
Jennifer Nelson
The 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.
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Justices adopt COA adoption holding, invite attorney fee motions

February 17, 2011
Michael Hoskins
The 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.
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Court rules on child support nonpayment case

February 11, 2011
Michael Hoskins
Just 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.
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Justices uphold modification of physical custody to father

February 8, 2011
Jennifer Nelson
A 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.
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Federal judge rules against state on immigrant paternity case

January 28, 2011
Michael Hoskins
Sitting 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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Child support changes targeting the rich?

January 19, 2011
Michael Hoskins
A case before the Indiana Court of Appeals calls into question the constitutionality of the state’s new child support guidelines, challenging the revisions that last year altered the payment scheme for high-income earners and raised the ceiling on child support obligations.
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Court clarifies rules relating to filing deadlines

January 17, 2011
Michael Hoskins
Filing deadlines are important for attorneys in any case. But some recent confusion in a child custody appeal brought to light some uncertainty about how the state’s appellate rules compute some of those deadlines when “non-business days” or “calendar days” are applied to the motions practices before the Court of Appeals and Supreme Court.
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COA offers suggestion about judicial notice rule

December 29, 2010
Michael Hoskins
A paternity and child custody case has given the Indiana Court of Appeals a chance to examine a newly amended evidence rule for the first time, while simultaneously offering guidance to trial judges about using publicly accessible information to dispose of cases.
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Court rules on artificial insemination issues

December 27, 2010
Jennifer Nelson
A divided Indiana Court of Appeals found that a man who donated sperm can be found to be the father of only one of the two children conceived by artificial insemination.
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Court examines statute about paternity, child support

December 21, 2010
Michael Hoskins
The Indiana Court of Appeals ruled on a matter of first impression today, analyzing a specific state statute relating to how a court can cancel child support arrearage after a man’s paternity is vacated based on new genetic testing.
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Justices split on imprisonment for violating probation

December 9, 2010
Jennifer Nelson
The state must prove a probationer accused of violating a term involving a payment by not paying did it recklessly, knowingly or intentionally. The burden is on the probationer to show an inability to pay, the Indiana Supreme Court decided in an opinion handed down Wednesday afternoon.
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Judges reverse support modification for lack of jurisdiction

November 22, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed a lower court’s ruling that Illinois proceedings on child support were null because jurisdiction was never properly transferred, noting it found an ex parte proceeding that excluded the mother “extremely troubling.”
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Court affirms felony nonsupport of a dependent conviction

July 6, 2010
Elizabeth Brockett
A man claiming he proved he was unable to pay child support because of his numerous incarcerations did not convince the Indiana Court of Appeals. In its ruling today, the court relied on Becker v. Becker to affirm the man’s conviction of Class C felony nonsupport of a dependent child.
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Justices asked to revisit Indian family law

June 9, 2010
Michael Hoskins
At least one Indiana Court of Appeals judge believes the state’s highest court should revisit how it applies a three-decade old statute to tribal Indian family adoption issues inside Indiana.
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Economy adjusts child support

April 28, 2010
Rebecca Berfanger
It used to be fairly easy to prove someone wouldn't pay child support because they didn't want to. But it hasn't gone unnoticed that there are more people who want to pay child support but simply can't.
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Court denies request for emancipation, child support change

April 13, 2010
Michael Hoskins
In deciding whether a father's child support requirement should be modified or ended, the Indiana Court of Appeals refused to adopt new reasoning that any child attending college could be deemed emancipated if that child didn't live in the custodial parent's home.
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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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