Douglas v. State Indiana Family & Social Services Administration
2011 Ind. App. LEXIS 1809
Ind. Ct. App.2011Background
- Douglas seeks modification of three existing child support orders based on income decline from incarceration for Class C felony nonsupport.
- He pled guilty in 2004 to Non-Support of a Dependent and was sentenced to eight years with seven suspended to probation; later, his probation was revoked and he began serving in the DOC.
- Trial court denied the modification petition after a hearing at which Douglas did not appear due to incarceration.
- The court’s reasoning relied on Clark v. Clark (Ind. 2009) and distinguished Lambert v. Lambert (Ind. 2007), concluding incarceration for nonsupport cannot amount to a change in circumstances.
- The Court of Appeals held that Lambert and Clark collectively support considering incarceration as a change in circumstances and reversed/remanded to determine whether Douglas has assets or other income to underwrite support.
- On remand, the court may order the obligation to revert to pre-incaration level upon release if appropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether incarceration for nonsupport is a substantial change in circumstances entitling modification | Douglas argues incarceration reduces income to justify modification | State argues incarceration for nonsupport is not a substantial change under current law | The court held incarceration may be a change in circumstances; reversed and remanded for consideration of assets/income on remand. |
Key Cases Cited
- Lambert v. Lambert, 861 N.E.2d 1176 (Ind. 2007) (income imputation not permitted for incarcerated parent; base on actual income/assets)
- Clark v. Clark, 902 N.E.2d 813 (Ind. 2009) (incarceration may be a change in circumstances; base on actual earnings while incarcerated and available assets)