« Ind. Courts - Still more on: "Sex offenders fight for right to use Facebook" | Main | Ind. Decisions - One today from Supreme Court »

Thursday, May 31, 2012

Ind. Decisions - Court of Appeals issues 1 today (and 11 NFP)

For publication opinions today (1):

In Fred N. Martinez v. Susan K. Deeter , a 21-page opinion, Judges Barnes writes:

Fred Martinez (“Father”) appeals the trial court’s child support modification order, and Susan Deeter (“Mother”) cross-appeals the trial court’s child support modification order. We affirm in part, reverse in part, and remand.

Father raises three issues on appeal, which we consolidate and restate as whether the trial court erred when it calculated child support owed by him for 2007. On cross-appeal, Mother raises four issues, which we consolidate and restate as:

I. whether the trial court erred by including the children’s Social Security survivor benefits in her weekly gross income for purposes of child support and post-secondary education expenses;
II. whether the trial court erred by denying Mother’s request for attorney fees; and
III. whether the trial court erred by ordering that the child support arrearage owed by Father be paid first to Mother’s attorneys. * * *

The trial court erred by making conflicting findings regarding Father’s 2007 child support and by including survivor benefits received by the children in the calculation of Mother’s weekly gross income. However, we affirm the trial court’s denial of Mother’s request for attorney fees. We affirm in part, reverse in part, and remand for proceedings consistent with this opinion.

NFP civil opinions today (7):

Wells Fargo Bank v. Castalia Homes, LLC; Jan N. Kelsey (NFP)

Noblesville Schools Corporation v. Review Board of the Indiana Department of Workforce Development and Ryan Shelton (NFP)

In Re the Paternity of N.B.; K.B. v. A.B. (NFP)

In Re the Marriage of: Alexander Nikolayev v. Natalia Nikolayev (NFP)

Jeffrey Riggs and Mark Ashmann v. Mark S. Weinberger, M.D., Mark Weinberger, M.D., P.C., Merrillville Center for Advanced Surgery, LLC, and Nose and Sinus Center, LLC (NFP)

In the Matter of V.C., Child Alleged to be in Need of Services: V.S. v. Indiana Dept. of Child Services (NFP)

Richard C. Gallops and Patricia A. Gallops v. David Hubbard, Personal Representative of the Estate of Thelma M. Hubbard, Deceased (NFP)

NFP criminal opinions today (4):

Larry Gene Gore v. State of Indiana (NFP)

Anthony Stansbury v. State of Indiana (NFP)

Susan Grund v. State of Indiana (NFP)

Dusty E. Rhodes v. State of Indiana (NFP)

Posted by Marcia Oddi on May 31, 2012 02:10 PM
Posted to Ind. App.Ct. Decisions