Incarceration may constitute a substantial change in circumstances warranting a modification of child support.
Supreme
Atterholt v. Herbst, No. 49S04-0806-CV-344, __ N.E.2d __ (Ind., Mar. 10, 2009)
“[W]hen a claimant seeks excess damages from the Patient’s Compensation Fund after obtaining a judgment or settlement from a health care provider in a medical malpractice case, the Fund may introduce evidence of the claimant’s preexisting risk of harm if it is relevant to establish the amount of damages, even if it is also relevant to liability issues that are foreclosed by the judgment or settlement.”
Becker v. Becker, No. 49S04-0903-CV-113, __ N.E.2d __ (Ind., Mar. 12, 2009)
Clark and Lambert holdings on incarceration’s effect on child support apply only to petitions to modify granted after Lambert was decided, and a modification based on incarceration can relate back no further than the date of the petition to modify.
R.J.G. v. State, No. 64S04-0809-JV-483, __ N.E.2d __ (Ind., Mar. 10, 2009)
[A] juvenile court may order a commitment to the Department of Correction and, in the same order, provide for probation following release from the Department of Correction.
St. Clair v. State, No. 76S03-0805-CR-215, __ N.E.2d __ (Ind., Feb. 17, 2009)
Plea agreement for state to “recommend†a fixed sentence was not an “open†plea leaving the trial court with discretion on sentence.