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State can increase withholding without order

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The Indiana Court of Appeals examined the state's code regarding the limits of a withholding amount in child support arrearage, and acknowledged that its interpretation of the statute allowing the state to increase the amount without a court order "may cause some concern."

In the case In Re: The paternity of A.M.P., State of Indiana v. Curtis Price, No. 71A04-0806-JV-337, the state appealed the trial court order granting its motion to correct error. The order contained a provision that prevented the state from withholding additional amounts from Curtis Price's paycheck to satisfy an arrearage unless the state had the trial court enter a new order to authorize the withholding.

At issue is whether the provision in the order is inconsistent with federal and state laws governing Title IV-D income withholding procedures.

Although the order is technically favorable to the state, the order interpreted Indiana Code Section 31-16-15-2.5(f) as prohibiting the state from "increasing the weekly amount withheld by Income Withholding Order without further court order," wrote Judge Margret Robb. The interpretation was based on construing the clause "unless otherwise ordered by a court" in subsection (f) as allowing the trial court to limit the state's authority to increase the weekly withholding amount to satisfy an arrearage.

This interpretation is a prima facie error, the appellate court concluded after examining Indiana's code and the federal provisions relating to child support withholding orders under the federal Social Security Act. Part of a provision states that "such withholding must occur without the need for any amendment to the support order involved or for any further action by the court...which issued the order."

"We think these provisions counsel against interpreting Indiana Code section 31-16-15-2.5(f) in a manner that requires judicial authorization before the State may increase the withholding amount to satisfy an arrearage," wrote Judge Robb.

The Court of Appeals interpreted the clause "unless otherwise ordered by a court" to merely refer to a trial court's authority under I.C. Section 31-16-15-2.5(g) to allow the trial court to disregard the limitations of (1) through (7) of subsection (f), and not as preventing the state from increasing such amounts on its own initiative.

"We recognize our interpretation may cause some concern, as it permits the State to forego judicial authorization before increasing the withholding amount, but the statute itself limits the withholding amount. ... and the State is required to send the obligor a notice of intent to withhold income before withholding occurs," wrote the judge. In addition, the federal code provides for a maximum "ceiling" for arrearage withholding.

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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