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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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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