Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

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

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 CHAPTER 13OFFICE LEGAL MEMORANDUM: ANALYSIS TO CONCLUSION 337 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 obliga-tions 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 pay-ing 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:(a) Except as provided in subsection (b) . . . , a court may not retroactively modify an obligor's duty to pay a delinquent support payment.(b) A court with jurisdiction over a support order may modify an obligor's duty to pay a support payment that becomes due:(1) After notice of a petition to modify the support order has been given . . . to the obligee . . . and(2) Before a final order concerning the petition for modification is entered.Case Law: Cardwell v. Gwaltney, 556 N.E.2

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

International Marketing And Export Management

Authors: Gerald Albaum , Alexander Josiassen , Edwin Duerr

8th Edition

9781292016924

Students also viewed these Law questions