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Monday, March 31, 2014

Ind. Decisions - "Killer must continue paying child support"

A March 21st NFP opinion of the COA, David A. Shane v. Sheila Shane (NFP), is the subject of a story today in the Muncie Star Press, reported by Douglas Walker. Some quotes:

A Muncie man serving a 60-year prison term for a 1997 murder conviction must continue to pay child support with his prison wages, despite the fact his daughter died almost eight years ago.

The Indiana Court of Appeals this month upheld an earlier Delaware Circuit Court ruling that David A. Shane, now 47, must continue to pay 55 percent of his prison wages to catch up on child support owed before his 18-year-old daughter, Ashlie, died in a Kentucky house fire in April 2006.

In a 2-1 ruling, the appeals court ruled Shane, incarcerated at the Pendleton Correctional Facility, had missed a deadline to appeal the local court’s ruling by nine days. * * *

Last June, Shane wrote the court, asking that the child-support case be closed because of the 2006 death of his daughter. “My daughter is gone and nothing can bring her back,” he wrote.

The local court ruled Shane still owed back support in the case, adding “support arrearages do not stop with the death ... of the child.”

Shane — who noted he had not been allowed to see his daughter during his years of incarceration — responded with an offer to pay $10 monthly toward his back support for the duration of his prison sentence, and promised to pay the arrearage in full after his release.

The court rejected that offer.

In a dissenting opinion, Judge John G. Baker of the Indiana Court of Appeals said he could not agree that Shane’s appeal should be rejected because he missed a filing deadline, noting that a court document “was sent to Shane at the wrong address and returned to the court.”

“To reach such an outcome is to not see the proverbial forest for the trees,” Baker wrote.

Posted by Marcia Oddi on March 31, 2014 07:55 AM
Posted to Ind. App.Ct. Decisions