Child support arrearage dispute sent back to trial court
The Indiana Court of Appeals instructed a trial court to do the work necessary before entering an order garnishing a parent’s money for child support.
Child Support
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Justices decline to apply dollar for dollar credit for Social Security retirement benefits
The Indiana Supreme Court Thursday declined to revisit previous caselaw regarding crediting Social Security Retirement benefits to a noncustodial parent’s child support obligation. The justices affirmed the trial court’s decision to include the benefits in the custodial parent’s weekly adjusted income.
Child Support Court being reopened in Gary
Although an appeal is pending in the Indiana Court of Appeals, the child support court that had been consolidated to Crown Point in early 2013 is moving back to Gary.
Non-custodial parent must still pay arrearages to cover funeral expenses
An emancipated child will be able to collect child support arrearages to pay for her custodial parent’s funeral but she and her sibling will not be allowed to accept the remainder of the accrued support payments, ruled the Indiana Court of Appeals.
Mother who was abused may be required to help fund father’s supervised visitation
The Indiana Court of Appeals has ruled that a domestic violence victim whose earnings since have increased may have to pay for supervised child-visitation services that the father is unable to afford.
Man didn’t prove ex-wife misappropriated child support payments
Sidestepping a question of first impression in a child support case, the Indiana Court of Appeals reversed the modification of child support due to insufficient evidence. The father in this case believed his ex-wife was using child support money to fund her veterinary practice.
Justices: Child support agreement must apply changing guidelines
A father whose annual income included varying bonuses and commissions is obligated to provide child support payments in line with evolving guidelines, despite a support agreement made a year earlier than the rules were revised, the Indiana Supreme Court ruled.
Mother may petition for college expenses for emancipated children
Two amendments made by the Indiana General Assembly to the termination of child support and emancipation statute allow for a mother’s college support petition for two emancipated children to stand.
COA affirms probation violation for nonsupport, modifies amount due
A trial court properly revoked probation of a man sentenced for non-support of a dependent child, but the Indiana Court of Appeals ordered the lower court to revise the arrearage.
COA finds trial court acted within its discretion when calculating father’s actual income
A father’s messy financial statements do not prevent a trial court from doing its own calculations and increasing his weekly child support payments, the Indiana Court of Appeals has ruled.
BGBC: ‘RAIDS’ may be behind spouse’s drop in income
In family disputes, we’re often faced with a dilemma in which the supporting spouse’s income suddenly and/or dramatically decreases without valid support or explanation. In the valuation industry, this disorder is commonly known as “R.A.I.D.S.” or Recently Acquired Income Deficiency Syndrome.
Justices slam agreement to no parenting time, no child support
The Indiana Supreme Court had harsh words Tuesday for parents and attorneys who enter into agreements that stipulate giving up parenting time in lieu of paying child support. There must be extraordinary circumstances to justify denying parenting time.
Ex-wife not required to pay attorney fees under FDCPA
A woman does not have to pay the attorney fees for her ex-husband after she sought more than $135,000 in owed child support after he failed to pay for 16 years, the Indiana Court of Appeals ruled. The trial court ordered her to pay the fees under the Fair Debt Collection Practices Act.
COA: Mother should have challenged income evidence at trial
A mother who claimed that the record doesn’t support her actual or current income after her ex-husband was granted sole custody of her children should have brought up her concerns at trial, not on appeal, the Indiana Court of Appeals ruled Friday.
Court affirms giving father custody after mother denies parenting time
A LaPorte County mother’s decision to cut off parenting time of her three children with their father supports the trial court’s order that the father have sole legal and physical custody of the children, the Indiana Court of Appeals ruled.
Child support case presents issue of first impression
The Indiana Court of Appeals was presented with an issue for the first time: whether a child support order should be reduced for the time a child is living on campus when a court has found that the child has repudiated the non-custodial parent, and on that basis refused to enter an educational support order.
Justices take child support case
The Indiana Supreme Court granted transfer to just one case last week, a not-for-publication decision out of the Indiana Court of Appeals dealing with a parent’s financial obligations to his children.
Court affirms reduction of support ordered in another state
A court order reducing a father’s child support obligation from that set by a Pennsylvania court was affirmed Monday by the Indiana Court of Appeals.
401(k) contributions are income for child support calculation
The Indiana Court of Appeals Thursday affirmed that the money a father contributed to his 401(k) account during his marriage may be included as income for purposes as determining child support.
Amendment to law allows father to terminate child support
An amendment to Indiana Code last year lowering the age child support may be terminated to 19 trumped a previous dissolution decree that said a father must pay support for his son until he turns 21, the Indiana Court of Appeals has decided.