Articles

Judges rule on custody issues

When modifying custody, the change in circumstances required by Indiana Code doesn't need to be so decisive in nature as to make the change necessary for the child's welfare, the Indiana Court of Appeals ruled today.

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Dad who took son owes arrearage to mom

The Indiana Court of Appeals split today in its decision of who should receive back child support payments from a father who kidnapped his son for 16 years before turning himself in when the son was 23 years old.

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Court denies request for emancipation, child support change

In deciding whether a father's child support requirement should be modified or ended, the Indiana Court of Appeals refused to adopt new reasoning that any child attending college could be deemed emancipated if that child didn't live in the custodial parent's home.

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Indiana order doesn’t modify Florida order

The Indiana Supreme Court affirmed that a Vanderburgh Superior Court's order requiring a father to pay less than the full amount of a Florida support obligation, which allowed him to avoid incarceration, didn't impermissibly modify the foreign judgment.

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High court expands Lambert decision

The Indiana Supreme Court issued two opinions today dealing with incarceration being considered as a substantial change in circumstances to justify modifying a child support order and what date a modification may take place.

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Presentation focuses on child support issues

Attorneys from the Lafayette area, including a representative from the Tippecanoe County Prosecutor's Office, will be on hand to give a presentation and answer questions on child support and related issues during the Legal Aid Corporation of Tippecanoe County's "Legal Aid 101" presentation Wednesday.

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COA reverses denial of prisoner’s petition

The Indiana Court of Appeals reversed the denial of an incarcerated man's petition for child support modification after determining the trial court incorrectly imputed his weekly gross income.

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Changes proposed for child-support rules

The Judicial Conference of Indiana's Domestic Relations Committee is accepting comments from judges, attorneys, and the public on the proposed changes to the Indiana Child Support Rules and Guidelines.

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Court rules on transfer to California court

The Indiana Supreme Court affirmed a trial court's decision to relinquish its jurisdiction over child support matters to a California trial court. In its opinion, the high court examined the interplay between the Full Faith and Credit for Child Support Orders Act and the Uniform Interstate Family Support Act.

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State can increase withholding without order

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."

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Adult son could file paternity, support petition

A retroactive child support action brought by an adult child presented an issue of first impression for the Indiana Court of Appeals, which ruled the adult child could bring the action, but his mother would be the proper recipient of the retroactive payments.

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Dad not in contempt for failure to pay full support

The Indiana Court of Appeals agreed a man was not in contempt for failing to pay child support ordered by a Florida court even though the Indiana trial court enforced his obligation for less than the amount ordered in Florida.

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