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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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