In Indiana.
I appealed a child support order and won. Mom falsely claimed support obligation for a prior child who was emancipated and claimed weekly insurance payments which were her husband's payroll deduction for all their children--not ours (we have one child).
Mom's attorney asked the court to take judicial notice of prior born child's support obligation without providing evidence to support it. The trial court granted it on the basis of a child support worksheet prepared by Mom's attorney (who represents her in the other matter) showing Mom's income and her former husband's and Mom's current support obligation calculated.
The appellate court ordered the trial court to remove Mom's claims of weekly insurance and verify Mom had this prior support obligation. If the trial court found Mom did not have the obligation, the trial court was to recalculate support accordingly.
The trial court found Mom did not have this obligation as Mom's prior born child had been emancipated at the time our support hearing. Both Mom and her attorney had to know this at the time of the hearing, but both prepared and signed the support worksheet and used this as evidence of prior born support obligation in our support hearing even though no support obligation existed.
1) At our hearing later this month, can I ask for monetary and professional sanctions against Mom's attorney for what amounts to deception?
2) Can I ask the court to award attorney fees for the expensive appeal I won?
thanks,
Sunny
I appealed a child support order and won. Mom falsely claimed support obligation for a prior child who was emancipated and claimed weekly insurance payments which were her husband's payroll deduction for all their children--not ours (we have one child).
Mom's attorney asked the court to take judicial notice of prior born child's support obligation without providing evidence to support it. The trial court granted it on the basis of a child support worksheet prepared by Mom's attorney (who represents her in the other matter) showing Mom's income and her former husband's and Mom's current support obligation calculated.
The appellate court ordered the trial court to remove Mom's claims of weekly insurance and verify Mom had this prior support obligation. If the trial court found Mom did not have the obligation, the trial court was to recalculate support accordingly.
The trial court found Mom did not have this obligation as Mom's prior born child had been emancipated at the time our support hearing. Both Mom and her attorney had to know this at the time of the hearing, but both prepared and signed the support worksheet and used this as evidence of prior born support obligation in our support hearing even though no support obligation existed.
1) At our hearing later this month, can I ask for monetary and professional sanctions against Mom's attorney for what amounts to deception?
2) Can I ask the court to award attorney fees for the expensive appeal I won?
thanks,
Sunny