The Indiana Law Blog: Ind. Decisions - Court of Appeals issues 1 today (and 20 NFP)

« Ind. Courts - More on: Federal trial involving what constitutes illegal speech on the Internet goes to jury today | Main | Courts - The Supreme Court - birth of a new jurisprudential era? »

Friday, June 29, 2007

Ind. Decisions - Court of Appeals issues 1 today (and 20 NFP)

For publication opinions today (1):

In Ronald Hensley v. Melissa Hensley , a 10-page opinion, Judge May writes:

Ronald Hensley appeals the modification of his support obligation for two daughters born during his marriage to Melissa Bales. He alleges the court placed an excessive obligation on him. We reverse and remand. * * *

When dividing college expenses, the trial court must take into account “the ability of each parent to meet” the educational expenses required for college. Ind. Code § 31-16-6-2(C). Our calculations indicate Hensley will be unable to provide for himself or his family under this educational support order, while Bales will be permitted to remain unemployed and have money returned to her. Consequently, it is not clear the trial court, when fashioning this order, properly considered the parents’ abilities to meet college expenses. We conclude the result reached is inequitable and unjust.

As a final matter, we stress that this case is not about a father who is unemployed or underemployed. Nor is it about a parent who amassed a huge support arrearage by failing to pay support for a number of years. Before Bales sought to modify support to include college expenses, Hensley was current in his child support payments. He works nights to make more money per hour, and he already works more than 60 hours per week to support himself and his four children. He cannot be expected to do any more. The current order effectively penalizes Hensley for working overtime, while rewarding Bales for remaining unemployed.

Because our examination of the record leaves us with the firm conviction a mistake has been made, we reverse and remand for the court to enter a new order based on the evidence already before it.

NFP civil opinions today (2):

Gregory L. Brown v. Medical Licensing Board of Indiana (NFP) - "Appellant-petitioner Gregory L. Brown appeals from the trial court’s dismissal of his petition for judicial review of appellee-respondent Medical Licensing Board of Indiana’s (Board) request for relief from a default order terminating his license to practice medicine in Indiana. Brown argues, among other things, that the trial court erroneously ruled on the Board’s motion to dismiss before his time to respond thereto had passed and that he should have been entitled to seek relief analogous to that provided by Indiana Trial Rule 60(B) even though he was litigating in an administrative setting. Finding that even if the trial court ruled on the motion precipitously such error was harmless, and finding that even if Brown was entitled to seek something akin to Rule 60(B) relief he has failed to establish that such relief was warranted, we affirm the judgment of the trial court."

Rochelle Fichter v. Larry A. Fichter (NFP) - "We reverse the trial court’s interpretation of Father’s child support obligation pursuant to the Dissolution Order. The contract unambiguously conditioned Father’s seventy-five dollar per week payment on the existence of marital debt. Thus, we remand that issue with instructions that the trial court recalculate Father’s child support arrearage from the date Father had completely paid off the marital debt to the present at the rate of $160 per week. In all other respects, we affirm the trial court. Reversed in part and remanded with instructions."

NFP criminal opinions today (18):

Shirley Walker v. State of Indiana (NFP)

Valerie Hogston v. State of Indiana (NFP)

Glenn Swift v. State of Indiana (NFP)

Jill Mansfield v. State of Indiana (NFP)

Tammy Jo Pabst v. State of Indiana (NFP)

Donald Anderson v. State of Indiana (NFP)

Karen Maples v. State of Indiana (NFP)

Julie Gardiner v. State of Indiana (NFP)

Roger D. Gamble v. State of Indiana (NFP)

James E. Middleton, Jr. v. State of Indiana (NFP)

Jeffrey House v. State of Indiana (NFP)