We represent Gwen Eldridge in the case of Eldridge v.Eldridge.The Eldridgeswere divorced in 2010. Mrs. Eldridgewas awarded custody of their two minor children. Mr. Eldridge was ordered to make child support paymentsin theamount of $700 per month. He lost his job in January of2011 and was unemployed from that date through Octoberof 2011. He then obtained employment as an electrician.Mr. Eldridge did not make child support payments for the months he was unemployed. In Januaryof 2012, Mrs. Eldridge filed a motion with the court thatentered the divorce decree, seeking an order forcingMr. Eldridge to pay the child support payments duefor the months he did not make payments; the amounttotaled $7,000. Mr. Eldridge countered with a petitionto modify his child support obligation. The petitionrequested that he be excused from having to pay theobligations that accrued during the 10 months he wasunemployed. The court ordered Mr. Eldridge to payone-half of the amount due, $3,500, and excused himfrom paying the remaining $3,500. The court statedthat Mr. Eldridge did not have to pay the full amountbecause he was unemployed during the months thechild support accrued. The attorney that representedMrs. Eldridge in the trial court told her that there is nobasis for an appeal of the court order.Please check the statutory and case lawto 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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