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Tuesday, January 20, 2015
Ind. Decisions - Transfer list for week ending January 16, 2015
Here is the Clerk's transfer list for the week ending Friday, January 16, 2015. It is two pages (and 23 cases) long.
One transfer was last week:
- James Bogner v. Teresa Bogner - This was a Sept. 23, 2014 COA opinion that concluded:
Here, the trial court did not indicate in its order that it considered any of the factors that it was required to consider under the Guidelines. In addition, the Parents did not submit any evidence from which the trial court could have considered many of the factors. There is evidence in the record concerning the Parents’ respective incomes and the percentage of the cost of supporting H.B. that each Parent bears. Based on this evidence, the trial court could have considered the second and fourth factors listed in the Guidelines, although there is no evidence it did so. Otherwise, neither party submitted previous tax returns nor any other evidence that would have helped the trial court consider the financial ramifications to H.B. of eliminating Father’s tax exemption, other than Mother’s self-serving testimony regarding the value of the exemption. Accordingly, we conclude that the trial court abused its discretion in modifying Father’s exemption. We remand to the trial court to re-evaluate the issue of the Parents’ tax exemption based on the factors listed in the Child Support Guidelines. Reversed and remanded with instructions.
Posted by Marcia Oddi on January 20, 2015 09:11 AM
Posted to Indiana Transfer Lists