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Mother’s argument crushed by precedent

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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.”



 

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

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  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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