State v. Price

896 N.E.2d 1188, 2008 Ind. App. LEXIS 2550
CourtIndiana Court of Appeals
DecidedNovember 26, 2008
DocketNo. 71A04-0806-JV-33
StatusPublished
Cited by1 cases

This text of 896 N.E.2d 1188 (State v. Price) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Price, 896 N.E.2d 1188, 2008 Ind. App. LEXIS 2550 (Ind. Ct. App. 2008).

Opinion

OPINION

ROBB, Judge.

Case Summary and Issue

In this Title IV-D proceeding, the State appeals the trial court’s order granting the State’s motion to correct error. Although the trial court’s order was technically favorable to the State, it contained a provision that prevented the State from withholding additional amounts from the Title IV-D obligor’s paycheck to satisfy an ar-rearage unless the State successfully moved the trial court to enter an additional order authorizing such withholding. On appeal, the State contends this provision is inconsistent with federal and state laws governing Title IV-D income withholding procedures. Concluding that the State is not statutorily required to seek judicial authorization under such circumstances, we reverse.

Facts and Procedural History

On March 9, 2007, the State filed a paternity action to establish Curtis Price as the father of A.M.P. On April 24, 2007, the trial court found that Price was A.M.P.’s father and ordered, among other things, that he pay child support in the amount of $38 per week. On March 11, 2008, the State filed a motion alleging that as of February 29, 2008, Price was $416 in arrears with his child support payments. On March 13, 2008, the trial court entered an order requiring Price to show cause why he should not be held in contempt for failing to comply with the child support order.

The trial court conducted a hearing on the State’s motion on April 1, 2008. That [1190]*1190same day, the trial court entered an order finding that Price was in contempt and that he was $568 in arrears as of March 31, 2008. Based on these findings, the trial court ordered that Price fulfill his $38 weekly child support obligation through wage withholding and that he contribute an additional $12 per week through wage withholding to satisfy the arrearage. The trial court also prohibited the State “from engaging in the issuance of any further income withholding order other than the one issued in this case from time to time.” Appellant’s Appendix at 7. On April 10, 2008, the State filed a motion to correct error, claiming that this prohibition was inconsistent with federal and state laws governing Title IV-D income withholding procedures. On April 17, 2008, the trial court granted the State’s motion by deleting the above language and replacing it with the following: “Pursuant to [Indiana Code section] 31—16—15—2.5(f), the [State is] prohibited from increasing the weekly amount withheld by Income Withholding Order without further court order.”1 Id. at 6. Apparently perceiving this revision as one of form but not of substance, the State now appeals.

Discussion and Decision

I. Standard of Review

The trial court’s order, though technically favorable to the State, interpreted Indiana Code section 31—16—15— 2.5(f) as “prohibiting] [the State] from increasing the weekly amount withheld by Income Withholding Order without further court order.” Id. The State’s appeal thus challenges the trial court’s interpretation of a statute, which is an issue we review de novo. K.T.P. ex rel. A.S.P. v. Atchison, 848 N.E.2d 280, 283 (Ind.Ct.App.2006). We also note the State’s burden is relaxed because Price has not filed an appellee’s brief. In such cases, we will not attempt to develop an argument for the appellee and may reverse the trial court’s decision if the appellant can establish prima facie error. Abouhalkah v. Sharps, 795 N.E.2d 488, 490 (Ind.Ct.App.2003). Prima facie error means “at first sight, on first appearance, or on the face of it.” Id. (quotation marks and citation omitted).

II. Propriety of Trial Court’s Interpretation

Subsections (f) and (g) of Indiana Code section 31-16-15-2.5 state as follows:

(f) If an obligor subject to an income withholding order is in arrears, unless otherwise ordered by a court, the Title IV-D agency or its agent may increase the weekly amount withheld as follows:
(1) If the arrearages are at least five hundred dollars ($500) and less than three thousand dollars ($3,000), an additional amount of up to twenty dollars ($20).
(2) If the arrearages are at least three thousand dollars ($3,000) and less than five thousand dollars ($5,000), an additional amount of up to twenty-five dollars ($25).
(3) If the arrearages are at least five thousand dollars ($5,000) and less than ten thousand dollars ($10,000), an additional amount of up to thirty dollars ($30).
(4) If the arrearages are at least ten thousand dollars ($10,000) and less than fifteen thousand dollars ($15,-000), an additional amount of up to thirty-five dollars ($35).
(5) If the arrearages are at least fifteen thousand dollars ($15,000) and [1191]*1191less than twenty thousand dollars ($20,000), an additional amount of up to forty dollars ($40).
(6) If the arrearages are at least twenty thousand dollars ($20,000) and less than twenty-five thousand dollars ($25,000), an additional amount of up to forty-five dollars ($45).
(7) If the arrearages are at least twenty-five thousand dollars ($25,000), an additional amount of up to fifty dollars ($50).
(g) A court is not bound by and is not required to consider the additional amounts described in subsection (f) when ordering, modifying, or enforcing periodic payments of child support.

As mentioned above, when it granted the State’s motion to correct error, the trial court interpreted subsection (f) as “prohibit[ing] [the State] from increasing the weekly amount withheld by Income Withholding Order without further court order.” Appellant’s App. at 6. This interpretation was apparently based on construing the clause “unless otherwise ordered by a court” as permitting the trial court to limit the State’s authority to increase the weekly withholding amount to satisfy an arrear-age. The State argues this interpretation is erroneous because, in light of federal and state laws governing Title IV-D proceedings, the clause must be construed as merely referring to the trial court’s authority under subsection (g) to order weekly withholding in excess of the amounts listed in paragraphs (1) to (7) of subsection (f).

Our rules of statutory interpretation are well established. The goal of statutory interpretation “is to determine, give effect to, and implement the intent of the legislature.” Collier v. Collier, 702 N.E.2d 351, 354 (Ind.1998). When interpreting a statute, a reviewing court examines the language itself, but also the statute as whole, so as to avoid placing too much emphasis on a selective reading of individual words. Id.

Determining whether the trial court properly interpreted Indiana Code section 31-16-15-2.5© initially requires an overview of Title IV-D proceedings in general and income withholding procedures in particular. “Title IV-D” refers to the portion of the Social Security Act codified at 42 U.S.C.

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Related

In Re Paternity of Amp
896 N.E.2d 1188 (Indiana Court of Appeals, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
896 N.E.2d 1188, 2008 Ind. App. LEXIS 2550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-price-indctapp-2008.