Paternity of D.L.Y.R. ex rel. Riley v. Clark
Paternity of D.L.Y.R. ex rel. Riley v. Clark
Opinion of the Court
OPINION
The State of Indiana, by the Allen County Title IV-D Prosecutor, appeals from the trial court's order limiting the amount of income withheld from Demetrius Clark's paychecks to $70 per week, contending the withholding of additional amounts from bonuses Clark received was proper, and that Clark had notice of such withholding.
On May 10, 2004, Clark was found in contempt for failing to pay child support. An income withholding order ("IWO") was issued to his employer, Ashley Industrial Molding, Inc. ("Ashley"), requiring the withholding of $55 per week for current support and $15 per week for an arrear-age. The IWO was substantially similar to prior IWOs issued to Clark's previous employers since his paternity of D.L.Y.R. was established in 1999.
Indiana Code section 31-16-15-19 specifically authorizes withholding amounts from bonuses in order to satisfy a child support arrearage. The IWOs issued
Furthermore, Indiana law only requires notice to the obligor, here Clark, at the activation or implementation of an IWO. Ind.Code § 31-16-15-7. Thereafter, notice need only be sent to subsequent income payors, here Ashley, and not to obli-gors. | Ind.Code § 81-16-15-4. Even 80, Clark testified that he received at least a portion of the IWO issued to Ashley. In conjunction with the initial IWO in 1999, and other IWOs previously sent to his employers, all of which included the lump sum provision, Clark had sufficient notice that any bonus could be affected by his child support arrearage.
For these reasons, we hold that the trial court improperly limited the IWO to a maximum of $70 per week, and we remand for further proceedings.
Reversed and remanded.
. Clark did not file an Appellee's Brief, and we need not develop arguments on his behalf. Blimpie Intern., Inc. v. Choi, 822 N.E.2d 1091, 1094 (Ind.Ct.App. 2005). A less stringent standard of review is applied, under which we may reverse the trial court if the appellant makes a prima facie showing of reversible error. Id. See Ind. Appellate Rule 45(D).
. The only difference was an increase in the amount owed for arrearage from $5 to $15.
. Whether the amount withheld from Clark's pay exceeded the maximum allowable under federal law is not at issue here. Even so, we note the importance of referencing in an IWO the federally imposed restrictions on garnishments, as was included in the IWO to Ashley, thereby promoting compliance with the withholding limitations of the Federal Consumer Credit Protection Act. App. at 25.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.