Legal Opinion · Dissent

Herron v. Herron

Indiana Court of Appeals

Decided December 13, 1983No. 4-582A126Published

1DissentYoung, Justice

I dissent from the majority's holding that the trial court may make annual adjust ments in child support based only on the court's support guidelines and the parties' financial statements. I believe the provision in the trial court's decree allowing such adjustments violates Ind.Code 831-1-11.5-17 because it allows child support to be modified without a showing of a substantial and continuing change in cireum-stances. Under this decree Nicholas' child support obligation may be modified annually on a showing of any change in the parties' income. Thus, if Nicholas suffers a business loss in…

2Cases cited6 opinions

  1. Falls v. FallsCourt of Appeals of North Carolina · 1981
  2. Picker v. VollenhoverOregon Supreme Court · 1955
  3. Karim v. KarimSouth Dakota Supreme Court · 1980
  4. Stanaway v. StanawayMichigan Court of Appeals · 1976
  5. Breiner v. BreinerNebraska Supreme Court · 1975

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