ILNews

Nonsupport of dependent enhancement not based on number of children

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court ruled Thursday that under Indiana Code 35-46-1-5(a), the enhancement of nonsupport of a dependent child to a Class C felony because of an arrearage of $15,000 or more is triggered by the dollar amount owed, regardless of how many children the parent has.

The state had charged Amir Sanjari with two counts of Class D felony nonsupport of a dependent and two counts as Class C felonies because he owed more than $15,000 in child support for his two children. He was convicted on all counts but only sentenced on the Class C felonies. Sanjari believed the two Class C felony convictions should have “merged” into one under Indiana double jeopardy jurisprudence.

The Court of Appeals vacated one of his Class C felony convictions but affirmed in all other respects.

In Amir H. Sanjari v. State of Indiana, No. 20S03-1105-CR-268, Justice Brent Dickson analyzed the statute at issue and held that I.C. 35-46-1-5 allows for separate Class D felony convictions of nonsupport of a dependent child, but only one such offense may be enhanced to a Class C felony where the unpaid support for one or more children is $15,000 or more. The state argued that the statute allows for the enhancement for every $15,000 in nonsupport arrears, so if a parent with four children owed $60,000, he or she could be punished for four Class C felonies.

The same $15,000 was used to enhance both of Sanjari’s convictions, so the justices vacated the four convictions and ordered that he be convicted of and sentenced for one count of Class C felony nonsupport of a dependent for one child and Class D felony nonsupport with regards to the other child.

“For future clarification, however, we do not consider the attribution of separate $15,000 portions of the aggregate arrearage to separate dependent children a proper basis for seeking separate class C felony convictions as to each child. Such a technique might avoid the statutory construction rule of Richardson and Spivey proscribing multiple punishments for the same behavior or harm,” Dickson wrote. “But this prosecutorial maneuver would not satisfy the statutory basis for a class C felony nonsupport conviction, which requires that the aggregate, the ‘total’ amount, of unpaid support for all of the defendant's dependent children, whether one or more, equal or exceed $15,000.”

 

ADVERTISEMENT

  • "How to Enforce a Lazy County to do Their Job"
    I do beleive that I have tried it all. All that I know that it, in effort to get the county Paternity was established to enforce my son's father to pay child support. At one time, and this was the most effective approch, the court started ordering drop dead orders. Every 6-8 weeks he would have to appear on a set date just to show receipt of payment... far-fetched, depends.. How immature the person is. In this particular case maturity doesn't not exist, but mommmy does. I alwasy had this weird, crazy idea that the child support division was suposed to enforce the non-custodial parent to pay their court ordered child support. To my disbelief, not in this county. When asking why they don't enforce this, I get two answers; he has a review hearing set for, and we have 60 some thousand cases and a limited staff. This individual owes over 11,000.00 in arrears and still doesn't pay. Th reason I do not know the exact amount is because when I asked for the exact amount to be calculated, I was told they don't do that at every hearing. I have filed contempt's, used an attorney, another good, yet costly approach. Recently I filed another contempt, along with reason of why attached, very deatiled using Indiana IC codes. What do i get, a copy of one of the five original copies I sent. No hearing set, no notification,nothing. Then He's filing for custody of my son who he has not seen in three years due continued domestic battery on his wife and blames me. So much inaccuracy in what I received from this inaccuracy in this motion submitted to the court that I have valid proof of it. So my question.. What is my next step? I've contacted the state and filled out paperwork through the title IV-D services. nothing works. I need an order set that he has to much the court ordered child support by the last day of the moth, and if he fails, they have a work release center, bet he starts paying then. I an in the wonderful state of Indiana, however I do no live in that dreadful county anymore and haven't for years. Additionally, I am told that I cannot transfer this case because he still lives in that county. Comments and Suggestions would be appreciated! Thanks!

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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT