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Mother who was abused may be required to help fund father's supervised visitation

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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.

The ruling in Glenn Hatmaker v. Betty Hatmaker, 49A05-1305-DR-253, reversed Marion Superior Judge David Dreyer’s denial of motions for unsupervised parenting time and modification of child support.

Glenn Hatmaker was convicted of battery against his wife, and the couple since has divorced. Neither parent was earning more than $1,200 per month at the time the father was ordered to pay $85 a week in support for the couple’s child.

The father was allowed supervised visitation but claimed he couldn’t afford to pay an agency that facilitated it. The mother testified earlier this year that she was afraid of the father, who was seeking unsupervised visitation.

The Court of Appeals held that because the mother’s income had significantly improved and the father’s had declined, his child support obligation should be reduced to about $22 a week according to guidelines. Also, the appeals court noted that the couple’s dissolution decree limiting the father to supervised visitation included no specific finding of endangerment of the child.

“(I)f unsupervised parenting time would pose a danger to a child, the parent is not entitled to dispense with supervision because of the costs associated with supervisory programs,” Judge Mark Bailey wrote for the panel that included Judges Cale Bradford and Melissa May.

“That said, however, our parenting-time statutes do not prohibit the trial court from exploring affordable options for low-income parents, such as grandparent, relative, or child advocate volunteer supervision. Moreover, it appears that Mother has much greater earnings than does Father and may be able to contribute to costs of supervision.”

“The order for supervised parenting time, modifiable upon agreement of the parties, is contrary to law,” the appeals panel ruled. “The trial court abused its discretion by refusing to modify Father’s child support obligation in the face of uncontroverted evidence that Mother’s income had increased substantially while Father’s income had decreased substantially.”
 



 

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  • Another irrational decision
    Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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  3. You need to look into Celadon not paying sign on bonuses. We call get the run

  4. My parents took advantage of the fact that I was homeless in 2012 and went to court and got Legal Guardianship I my 2 daughters. I am finally back on my feet and want them back, but now they want to fight me on it. I want to raise my children and have them almost all the time on the weekends. Mynparents are both almost 70 years old and they play favorites which bothers me a lot. Do I have a leg to stand on if I go to court to terminate lehal guardianship? My kids want to live with me and I want to raise them, this was supposed to be temporary, and now it is turning into a fight. Ridiculous

  5. Here's my two cents. While in Texas in 2007 I was not registered because I only had to do it for ten years. So imagine my surprise as I find myself forced to register in Texas because indiana can't get their head out of their butt long enough to realize they passed an ex post facto law in 2006. So because Indiana had me listed as a failure to register Texas said I had to do it there. Now if Indiana had done right by me all along I wouldn't need the aclu to defend my rights. But such is life.

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