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Wednesday, October 07, 2009
Ind. Decisions - Supreme Court issues one today
In Suzanne Hebert Hamilton v. Richard Wayne Hamilton, a 12-page, 5-0 opinion, Justice Boehm writes:
This case involves a Florida child support order registered for enforcement in Indiana pursuant to the Uniform Interstate Family Support Act. The Indiana trial court issued a contempt order requiring the father to pay less than the full amount of the Florida support obligation to avoid incarceration. We hold that the trial court‘s order did not impermissibly modify the foreign judgment. We also hold that the Federal Consumer Credit Protection Act, which limits the amount of wages that may be subject to garnishment, does not restrict the amount of support that may be awarded. * * *This cause is remanded for further proceedings not inconsistent with this opinion.
Posted by Marcia Oddi on October 7, 2009 01:11 PM
Posted to Ind. Sup.Ct. Decisions