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Monday, March 27, 2017

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 4 NFP memorandum decision(s))

For publication opinions today (1):

In Mark H. Miller, II v. Leigh Anne Miller , an 11-page opinion, Judge Crone writes:

Mark H. Miller, II (“Father”), appeals the decree dissolving his marriage to Leigh Anne Miller (“Mother”). He contends that the trial court clearly erred in finding that he is voluntarily underemployed, given that his decision to enroll as a part-time college student and forgo full-time employment was made with Mother’s agreement during the marriage. He also argues that the trial court erred in imputing income to him where there was no evidence on two of the four factors required to determine imputed income.

We conclude that the trial court did not clearly err in finding that Father is voluntarily underemployed where he was simultaneously the children’s primary caregiver and a part-time college student during the marriage, but he is now no longer the children’s primary caregiver. However, we conclude that the trial court determined Father’s imputed income without evidence of prevailing job opportunities and earnings levels in the community, and therefore a hearing is necessary for the trial court to hear evidence on these factors. Accordingly, we affirm in part, reverse in part, and remand.

NFP civil decisions today (1):

In the Termination of the Parent-Child Relationship of: C.D. (Minor Child) and M.D. (Mother) v. The Indiana Department of Child Services (mem. dec.)

NFP juvenile and criminal decisions today (3):

William A. Paz v. State of Indiana (mem. dec.)

Robert E. Inman v. State of Indiana (mem. dec.)

Jeffrey Babel v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on March 27, 2017 01:10 PM
Posted to Ind. App.Ct. Decisions