Legal Opinion · Dissent

J.M. v. D.A.

Indiana Court of Appeals

Decided October 29, 2010No. 43A03-1003-DR-183Published

1DissentBradford, Judge

While I concur with the majority's conclusion that the trial court's order denying Father's petition to modify his child support obligation was not clearly erroneous, I respectfully dissent from its conclusion that the trial court abused its discretion in finding Father in contempt.

This court has previously concluded that it is for the trial court to weigh the evidence and determine whether Father's noncompliance with the court's child support order was willful. See Holman v. Holman, 472 N.E.2d4 1279, 1284 (Ind.Ct.App.1985) (providing that it is for the trial court to weigh the evidence and…

2Cases cited2 opinions

  1. Garrett v. StateIndiana Court of Appeals · 1997
  2. In Re PfaffIndiana Supreme Court · 2005

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