Eldridge V. Eldridge

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Re: Eldridge v. Eldridge Modification of child support Statement of Facts: The client and her husband were divorced in 2006. Mrs. Eldridge was awarded custody of their two minor children. Mr. Eldridge was ordered to pay $700 dollars in child support every month. In January of 2007 Mr. Eldridge became unemployed until October of 2007 he was able to acquire a job as an electrician. During the time of Mr. Eldridge’s unemployment he did not make child support payments. In January 2008, Mrs. Eldridge filed a motion with the court that entered the divorce decree, seeking an order forcing Mr. Eldridge to pay a total of $7,000 in missed child support payments. 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 his ten month unemployment period. The court ordered Mr. Eldridge to pay half of the amount due, totaling $3,500 and excused him from the remainder of the balance, due to the factor the Mr. Eldridge was unemployed during the months that the child support was being accrued. William H. Putman, Legal Research, Analysis and Writing 517 (2nd 2010) Issue: Did the trial court act properly when it excused Mr. Eldridge from paying $3,500 of the back child support? Brief Answer: Yes, the trial court did act properly in excusing Mr. Eldridge from not paying the full total of the missed child support. Under the Indiana statutory and case law Mr. Eldridge did not have full obligation of child support due to his unemployment status. Analysis: The Indiana rule governing spousal financial child support is I.C. 31-2-11-12, Modification of delinquent support payment, which states (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

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