Legal Opinion

Clark v. Clark

Indiana Supreme Court

Decided March 12, 2009No. 35S05-0809-CV-506PublishedCited by 6 opinions

1Opinion of the Court

SULLIVAN, Justice.

In Lambert v. Lambert, 861 N.E.2d 1176 (Ind.2007), this Court held that pre-incar-ceration income should not be imputed to an imprisoned parent when setting an initial order of child support. But, until the question was before us, we declined to go further and decide whether or not incarceration constitutes a substantial change in cireumstances justifying modification of an existing child support obligation. That question is presented in this case and we conclude, based on the same reasoning we employed in Lambert, that modification is justified.

Background

On June 15, 2007,…

2Cases cited3 opinions

  1. Marriage of Lambert v. LambertIndiana Supreme Court · 2007
  2. In Re Paternity of ECIndiana Court of Appeals · 2008
  3. Clark v. ClarkIndiana Supreme Court · 2008

3Cited by6 opinions

  1. Marriage of Becker v. BeckerIndiana Supreme Court · 2009
  2. Douglas v. State Indiana Family & Social Services AdministrationIndiana Court of Appeals · 2011
  3. Myron Jay Rickman v. Sheila Rena RickmanIndiana Court of Appeals · 2013
  4. Nunley v. NunleyIndiana Court of Appeals · 2011
  5. Constantine D. Mills, Jr. v. Brandy Fisher (mem. dec.)Indiana Court of Appeals · 2015

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