Question
Please check the statutory and case law to determine ifthe trial court acted properly when it excused Mr. Eldridgefrom paying $3,500 of the back child
Please check the statutory and case law to determine ifthe trial court acted properly when it excused Mr. Eldridgefrom paying $3,500 of the back child support.
Statutory Law: Ind. Code 31-2-11-12, Modification ofdelinquent support payment, provides:
(a) Except as provided in subsection (b) . . ., a court maynot retroactively modify an obligor's duty to pay adelinquent support payment.
(b) A court with jurisdiction over a support order maymodify an obligor's duty to pay a support paymentthat becomes due:
(1) After notice of a petition to modify the supportorder has been given . . . to the obligee . . . and
(2) Before a final order concerning the petition formodification is entered.
Case Law: Cardwell v. Gwaltney, 556 N.E.2d 953 (Ind. Ct.App. 1990) (see Appendix A).
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