Michael G. Hays v. Shanna Hays
2016 Ind. App. LEXIS 3
| Ind. Ct. App. | 2016Background
- 2008 Wyoming Stipulated Decree ordered Father to pay $777/month; arrears through 11/2007 stated as $27,372.
- 2011–2012 paternities: Father sued for custody/modification in Wyoming and Wisconsin; Wyoming transferred custody decisions to Wisconsin; Indiana later registered the Wyoming decree.
- 2012 Indiana registered Decree; parties split jurisdiction: Wisconsin for N., Indiana for R. and T.; Father petitioned to modify arrears in Wyoming; Wyoming later forgave arrears but Mother defaulted hearing.
- 2013 Wyoming decision forgave arrears; Indiana later granted Trial Rule 60(B) relief seeking to set aside that Wyoming order; Indiana kept active the original support order of $777/month.
- 2014 Indiana court ruled Wyoming arrearage null and void and granted 60(B) relief improperly; court also ordered no tax exemptions for children pending further order.
- Ultimately the Indiana court reversed the 60(B) relief and remanded to address tax exemptions in light of UIFSA and FFCCSOA principles.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Wyoming arrearage order was properly nullified | Hays (Father) argues Wyoming retained enforceable arrears; no proper voiding | Mother contends Trial Rule 60(B) relief valid to void Wyoming order | Wyoming arrearage nullity reversed; Wyoming order not voided |
| Whether the tax exemptions for dependents must be addressed | Father seeks allocation of exemptions for 2012 and later | Mother/** not responding; court should allocate | Tax exemptions order vacated and remanded for proper allocation |
| Whether UIFSA governs modification vs. enforcement of state orders | UIFSA governs modifying and enforcing across states; issuing state limits | Wyoming had continued to enforce while Wisconsin/Indiana handled modifications | UIFSA controls; the issuing state determines arrears and modification; Indiana must respect Wyoming's arrears calculation unless properly modified |
Key Cases Cited
- Tom-Wat, Inc. v. Fink, 741 N.E.2d 343 (Ind. 2001) (foreign judgment prima facie valid; collateral attack limited to jurisdiction)
- N. Ind. Commuter Transp. Dist. v. Chicago S. Shore & S. Bend R.R., 685 N.E.2d 680 (Ind. 1997) (full faith and credit despite erroneous jurisdiction finding; limited review)
- Quinn v. Threlkel, 858 N.E.2d 665 (Ind. Ct. App. 2006) (federal tax exemption; equitable waiver of dependent exemption possible)
- Tisdale v. Bolick, 978 N.E.2d 30 (Ind. Ct. App. 2012) (custody matters segregated from UIFSA; child support governed by UIFSA when modified)
- Fry v. Fry, 8 N.E.3d 209 (Ind. Ct. App. 2014) (void judgment analysis; subject matter/personal jurisdiction)