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Man didn’t prove ex-wife misappropriated child support payments

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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.

James Krampen sought to modify his $3,000 per week child support payment for his four children, alleging Carrie Krampen used child support funds to establish and subsidized her veterinarian clinic. He sought an accounting under I.C. 31-16-9-6 and establishment of a constructive trust. In his deposition, James Krampen said his children were properly housed, clothed and fed by his wife and he didn’t believe she overspent in those areas.

His attorney submitted Carrie Krampen’s 2011 income tax return that showed an adjusted gross income of negative $72,148 and checks from her bank account that purport to show his child support paid for the business. The trial court ruled in favor of the father, reduced his child support payments and ordered Carrie Krampen to provide an accounting of future child support expenditures.

In Carrie A. Krampen v. James J. Krampen, 45A05-1212-DR-628, the COA cited Kovenock v. Mallus, 660 N.E.2d 638, 640 (Ind. Ct. App. 1996) in reversing the accounting order, in which the court held that party must be able to show evidence of impropriety that negatively impacts the child’s basic needs. The trial court should not have relied on Carrie Krampen’s tax filing, and she introduced bank statements showing large deposits into her account in addition to the money received from her ex-husband. The trial court erred in finding she misappropriated funds.

The judges also disagreed with James Krampen’s claim that opening the veterinarian practice and using child support funds to do so constitutes a substantial and continuing change warranting a reduction in support he pays.

“ … the question of whether misuse of funds by the custodial parent creates a substantial and continuing change is an issue of first impression not addressed by our court. Yet, we need not address it,” Judge Rudolph Pyle III wrote. “Having just found that there was insufficient evidence to support a finding that child support had been misappropriated, the trial court’s modification of child support on that basis was also inappropriate.”  

The trial court must enter a new support order consistent with this opinion. Judge James Kirsch dissented without opinion.
 

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  1. 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.

  2. 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.

  3. 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.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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