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Tuesday, August 19, 2008

Ind. Decisions - Supreme Court decides one today

In Marla K. Young v. Timothy S. Young, an 8-page, 5-0 opinion, Chief Justice Shepard writes:

This appeal raises several important issues about child support. First, in a claim for Parenting Time Credit under the Child Support Guidelines, the word “overnight” means overnight and not something else. Second, business deductions taken by a spouse that may be ordinary for tax purposes are not necessarily determinative for child support purposes. Third, payments to a former spouse for division of property are not deductions for child support purposes. * * *

We remand with direction to reexamine the child support order as respects these three elements.

Posted by Marcia Oddi on August 19, 2008 12:53 PM
Posted to Ind. Sup.Ct. Decisions