ILNews

Mother’s argument crushed by precedent

Back to TopCommentsE-mailPrintBookmark and Share

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.

The mother of M.S. appealed the trial court’s order granting the young girl’s stepmother power to adopt her. In part, the mother argued the trial court erred when it aggregated her missed child support payments so that the total amount was the equivalent of 52 weeks. She asserted under I.C. 31-19-9-8, the term “year” means a calendar year rather than a year’s worth of arrearages.

Rejecting the mother’s argument, the Court of Appeals affirmed in the trial court’s ruling in In the Matter of the Adoption of M.S.; C.L.S. v. A.L.S., 20A03-1306-AD-217.

In reaching its conclusion, the Court of Appeals cited two other cases that addressed the same issue. The Court of Appeals first pointed to its own decision in In re Adoption of J.T.A., 988 N.E. 2d 1250, 1255 (Ind. Ct. App. 2013) which held any year in which a parent fails to pay child support meets the requirements in the state statute. Next, the COA cited the Indiana Supreme Court’s ruling in In re Adoption of Infants Reynard, 215 N.E.2d 413, 416 (Ind. 1969) which concluded strictly interpreting the statute as to mean one calendar year would make the law ineffective and inoperable.

“Likewise, we find that construing INDIANA CODE 31-19-9-8 here to hold that there must be a complete refusal or failure to pay any sum of money for one year before the filing of a petition could lead to absurd consequences,” Judge Rudolph Pyle wrote for the court. “Therefore, we instead follow the Supreme Court’s more operable interpretation.”



 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It's an appreciable step taken by the government to curb the child abuse that are happening in the schools. Employees in the schools those are selected without background check can not be trusted. A thorough background check on the teachers or any other other new employees must be performed to choose the best and quality people. Those who are already employed in the past should also be checked for best precaution. The future of kids can be saved through this simple process. However, the checking process should be conducted by the help of a trusted background checking agency(https://www.affordablebackgroundchecks.com/).

  2. Almost everything connects to internet these days. From your computers and Smartphones to wearable gadgets and smart refrigerators in your home, everything is linked to the Internet. Although this convenience empowers usto access our personal devices from anywhere in the world such as an IP camera, it also deprives control of our online privacy. Cyber criminals, hackers, spies and everyone else has realized that we don’t have complete control on who can access our personal data. We have to take steps to to protect it like keeping Senseless password. Dont leave privacy unprotected. Check out this article for more ways: https://www.purevpn.com/blog/data-privacy-in-the-age-of-internet-of-things/

  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.

ADVERTISEMENT