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Thursday, December 12, 2013

Ind. Decisions - SC of IND posts one opinion today

In Richard Eric Johnson v. Gillian Wheeler Johnson, a 12-page, 5-0 opinion, Justice David writes:

The Indiana Child Support Guidelines provide both structure and flexibility for trial courts to set and modify child support obligations in ways tailored to the circumstances of the parties before them. The Guidelines obligate trial courts to follow certain processes and consider certain factors, but there remains a degree of latitude within which a court may fashion an order that best meets the needs of the child and also reflects the financial realities of the parents.

Here, the trial court modified a prior child support order in several respects and the noncustodial parent appealed. The Court of Appeals affirmed in part and reversed in part, including reversing the trial court’s determination of credits for the custodial parent’s health insurance costs and the noncustodial parent’s Social Security benefits. We grant transfer and affirm the trial court on those two issues, finding its approach to be appropriate in light of the flexibility afforded by our Guidelines, and summarily affirm the Court of Appeals in all other respects.

ILB: The Court of Appeals opinion was a 27-page Dec. 4, 2012 NFP opinion.

Posted by Marcia Oddi on December 12, 2013 12:18 PM
Posted to Ind. Sup.Ct. Decisions