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Pending petition for child support becomes applicable after Legislature amends statute

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A trial court will have to reconsider its ruling in a child support dispute in light of a state law that was changed while an appeal of the case was pending.

Richard Littke had filed a petition to obligate his ex-wife, Laurie Littke, to help cover their daughter’s college expenses in 2012. The trial court granted Laurie Littke’s motion to dismiss because the couple had already agreed their daughter was emancipated pursuant to Indiana Code 31-16-6-6 effective July 1, 2012.

While the father’s appeal was pending before the Indiana Court of Appeals, however, the Legislature enacted an amendment that made his petition timely.

During the 2012 and 2013 sessions, the Indiana General Assembly amended I.C. 31-16-6-6 which governs the termination of child support and emancipation of a child. In 2012, the Legislature changed the presumptive age for termination of child support from 21 to 19. The next year, the governing body added subjections addressing the filing of a petition for education needs.

Consequently, the Court of Appeals found under the applicable version of I.C. 31-16-6-6 the father’s petition was not untimely. In Richard Littke v. Laurie Littke, 64A03-1211-DR-509, the COA reversed the order dismissing the father’s petition for postsecondary educational expenses as untimely and remanded to the trial court to make a determination on the merits of the father’s petition.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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