Legal Opinion · Dissent

Castro v. Castro

Indiana Court of Appeals

Decided June 17, 1982No. 3-781A188Published

1DissentStaton, Judge

I dissent. Ind.Code 31-1-11.5-13 authorizes the court to order that all support payments be made to the clerk’s office as immutable, indisputable proof of payment. I believe that, without judicial modification, an obligated parent should receive no credit for payments which do not conform to the order for child support. Isler v. Isler (1981), Ind.App., 422 N.E.2d 416, rehearing denied, 425 N.E.2d 667; Whitman v. Whitman (1980), Ind.App., 405 N.E.2d 608. This rule barring credit for non-conforming payments derives from the following language in Stitle v. Stitle (1964), 245 Ind. 168, 197 N.E.2d…

2Cases cited6 opinions

  1. Whitman v. WhitmanIndiana Court of Appeals · 1980
  2. Stitle v. StitleIndiana Supreme Court · 1964
  3. Isler v. IslerIndiana Court of Appeals · 1981
  4. Starkie v. StateIndiana Court of Appeals · 1943
  5. Isler v. IslerIndiana Court of Appeals · 1981

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