Home -> Law Blog Directory -> Indiana Blogs -> Sam Hasler's Indiana Divorce & Family Law Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Indiana
: Sam Hasler's Indiana Divorce & Family Law BlogChild Support: New Court of Appeals Case - arrears, interest
What the Court of Appeals wrote about the calculating of child support arrears ought to be a bit troubling:
...We have carefully reviewed the four page document submitted from the Indiana Support Enforcement Tracking System and find it could support different conclusions regarding the amount of child support Father had paid toward his obligation to Mother. Accordingly, we cannot find clearly erroneous the court?s finding Father paid $2,048.00 toward his obligation to Mother.(Opinion at 7; footnote omitted). Been there and seen that. The Court of Appeals addressed recalculating the arrears and amount father was to pay on the arrears before addressing prejudgment interest.
Other than the arrearage due, I think the prejudgment interest the most important issue. The statute controlling the issue is Ind. Code § 31-16-12-2. The statute says it must be requested by the person entitled to the child support payments. The trial court found that mother had waited to long to enforce her child support order, and denied interest. The Court of Appeals relied again on the Whited case summed up the problems with mother's case in this paragraph:
Mother waited nearly ten years from Daughter?s emancipation to file an action regarding Father?s arrearage. It appears Father had not paid child support for a number of years prior to Daughter?s emancipation. Accordingly, we cannot find the court abused its discretion by concluding prejudgment interest was inappropriate based on the number of years Mother acquiesced in Father?s failure to pay....(Opinion at 9; citation omitted).
The Court of Appeals upheld the trial court's denying the mother an award of attorney fees. From the following, I assume the problem was a failure of evidence:
...The court did not consider the factors discussed in Sutton, such as the relative incomes of the parties; however, as we find no evidence in the record regarding the income or earning ability of Mother or Daughter, we need not remand for the court to reconsider whether to impose attorney fees on Father. Accordingly, we find no abuse of discretion in the court?s denial of Mother?s request for attorney fees.Another reminder that time is the enemy - those who wait too long will not find the law charitable towards their delay.
Full post as published by Sam Hasler's Indiana Divorce & Family Law Blog on February 01, 2008 (boomark / email).
Child Support Arrears and Passports
The associated press is reporting that.In another method the US government is employing to get parents to pay child support, the US government is now refusing anyone with over $2,500 in child support arrears from receiving a passport...
Arrears
If you have arrears that are owed for child support or spousal support and the other party has agreed to waive arrears for a lower amount that you will pay them in a lump sum. You would need to have an agreement and stipulation drafted, signed, and filed with the court...
UK To Begin Teaching Child Support System in Elementary Schools
Delinquency in child support is a huge problem in this country. And in the UK too. In the UK in 2005, there were 330,000 cases in arrears, to the extent of 3 billion UK pounds. So the Brits came up with a hoped-for solution to stem the tide...
Ex-Adoptive Mother Must Pay Child Support
New York's highest court ruled yesterday that an adoptive mother who surrendered the child to the Department of Social Services is required to pay child support until the child is 21...
Mortgage arrears - pre-action protocol proposed
The Civil Justice Council (”We promote the needs of civil justice in England and Wales and monitor the system to ensure that progress to modernise it continues.”) has issued a consultation paper on a Mortgage Arrears Protocol...
Hawaii Cracks Down on Deadbeat Noncustodial Parents
Hawaii, which has a poor track record of collecting delinquent child support, has decided to crack down on deadbeat noncustodial parents. The state has hired a paralegal and an investigator and is currently building and prosecuting misdemeanor and felony cases for chronic nonpayment of child support with insufficient justification...
Child Support Survival Guide
The Child Support Enforcement System
Child Support Overview
Federal requires states to set guidelines for support.
Child Support Orders
How to modify terms
Child Support
Disputing Paternity
Missing Children
Databases and organizations
Selection of State Supreme Court Judges
How State Court Judges are Selected
Personal Injury
Appeals Court Upholds Congressional Legislation
West Virginia Child Advocate Office Faces Class Action over Child Support
West Virginia Child Advocate Office Faces Class Action over Child Support
Sperm Donor
Ordered to Pay Child Support
Family Law
involving divorce, child custody, spousal support, common law, adoption and same sex marriage.
Stock Market Losses
alleging bad financial advice and conflicts of interest.
JP Morgan Chase & Co
Faces Lawsuit Over Hikes in Credit Card Interest Rate










