The Indiana Court of Appeals answered that question in White v. White (PDF). Calling the facts in White odd, is not an understatement.
- The parties were divorced in 1994.
- The Dissolution Decree provided that Mark was obligated to pay child support, but did not recite an amount.
- The Income Withholding Order read: "'The amount you are required to withhold represents the current weekly support obligation of $266.00 per week.'"
- This amounted to approximately 33% of Mark’s gross pay.
- On December 11, 2006, the trial court entered an order determining that Mark’s child support arrearage, as of November 1, 2006, was $88,265.00 (with $10,181.00 owed to the State and $78,084.00 owed to Carol.) The arrearage was calculated based upon the premise that Mark owed $266.00 per week beginning April 29, 1994 until the amount was modified on January 13, 2005.
- "Neither the Guidelines nor statutory authority contemplate the tender of virtually all of one parent’s income as child support, regardless of the number of children."
- "Moreover, an income withholding order is not to be utilized to deprive an obligor of his or her means of self-support. Indiana Code Section 31-16-15-8 [see former I.C. 31-2-10-9 and 10] provides for notice to an obligor that a child support withholding order is subject to the provisions of 15 U.S.C. § 1673(b)."
Finally, the trial court’s determination that Mark knew he was ordered to pay $266.00 weekly is contrary to the evidence of record. Mark testified that he did not receive a copy of the wage withholding order. Carol testified that she never objected that she was receiving less than the court-ordered amount of child support. It defies logic to infer that had Mark known he was ordered to pay virtually all his disposable salary as child support, he would have merely acquiesced.
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