Indiana Child Support Guideline 3 allows periodic Social Security Disability payments to be applied against a support arrearage that accumulated before the filing of a petition to modify support.
Civil
Douglas v. State, No. 40A01-1009-DR-466, ___ N.E.2d ___ (Ind. Ct. App., Oct. 12, 2011).
Incarceration for nonsupport of a dependent child can amount to a change in circumstances so substantial and continuing as to make the terms of an existing child support order unreasonable.
Tesfamariam v. Woldenhaimanot, No. 49A02-1009-DR-105, ___ N.E.2d ___ (Ind. Ct. App., Oct. 4, 2011).
Regarding the use of an interpreter, to address due process concerns in a civil action the court must administer an oath to the interpreter and establish that the interpreter is qualified just as it would in a criminal action.
Putnam Co. Sheriff v. Price, No. 49A02-1009-DR-105, ___ N.E.2d ___ (Ind., Oct. 6, 2011).
County Sheriff Department “that neither owns, maintains, nor controls a county road” does not have a common law duty to warn the public of known hazardous conditions of that road.
Fratter v. Rice, No. 53A04-1101-CT-1, ___ N.E.2d ___ (Ind. Ct. App., Sept. 19, 2011).
The court properly gave the Indiana Model Civil Jury Instruction for responsible cause because it “closely tracks our Supreme Court’s definition of proximate cause” and although it does not contain the word “omission,” the term “conduct” includes both acts and omissions.