The assignment is to prepare an office memo. Use the assignment memo from the supervising attorney that includes all the available facts of the case. Complete the memo based on these facts. If additional facts are needed, note this in the recommendations section of the memo. When preparing the heading of each assignment, use $$Supervisory Attorney$$ on the $$To$$ line, and your name after the $$From$.$

Use only the case presented in the assignment. Do not perform outside research.

To: $[$Your name$]$

From: Supervising Attorney

Re: Eldridge v$.$ Eldridge Modification of child support

We represent Gwen Eldridge in the case of Eldridge v$.$ Eldridge. The Eldridges were divorced in $2009.$ Mrs$.$ Eldridge was awarded custody of their two minor children. Mr$.$ Eldridge was ordered to make child support payments in the amount of $$700$ per month. He lost his job in January of $2010$ and was unemployed from that date through October of $2010.$ He then obtained employment as an electrician.

Mr$.$ Eldridge did not make child support payments for the months he was unemployed. In January of $2011,$ Mrs$.$ Eldridge filed a motion with the court that entered the divorce decree, seeking an order forcing Mr$.$ Eldridge to pay the child support payments due for the months he did not make payments; the amount totaled $$7,000.$ Mr$.$ Eldridge countered with a petition to modify his child support obligation. The petition requested that he be excused from having to pay the obligations that accrued during the ten months he was unemployed. The court ordered Mr$.$ Eldridge to pay one$-$half of the amount due, $$3,500,$ and excused him from paying the remaining $$3,500.$ The court stated that Mr$.$ Eldridge did not have to pay the full amount because he was unemployed during the months the child support accrued. The attorney who represented Mrs$.$ Eldridge in the trial court told her that there is no basis for an appeal of the court order.

Please check the statutory and case law to determine whether the trial court acted properly when it excused Mr$.$ Eldridge from paying $$3,500$ of the back child support.

Statutory Law: Ind. Code $31-2-11-12,$ Modification of delinquent support payment, provides:

Except as provided in subsection $($b$)...,$ a court may not retroactively modify an obligor's duty to pay a delinquent support payment.

A court with jurisdiction over a support order may modify an obligor's duty to pay a support payment that becomes due:

After notice of a petition to modify the support order has been given...to the obligee...and

Before a final order concerning the petition for modification is entered.

Case Law: Cardwell v$.$ Gwaltney Download Cardwell v$.$ Gwaltney, $556$ N$.$E$\mathrm{.}2$d $953$ Download $,556$ N$.$E$\mathrm{.}2$d $953($Ind$.$ Ct$.$ App. $1990)($see Appendix A$).$