Assignment: Prepare the analysis, conclusion, and recommendations sections to complete your memo.

Statement of Assignment

I have been asked to prepare a memorandum on the statutory and case law to determine ifthe trial court acted properly when it excused Mr. Eldridgefrom paying $3,500 of the back child support.

Issue

Under Ind. Code 31-2-11-12, Modification of delinquent support payment, Did the trial court act properly when it excused Mr. Eldridge from paying $3,500 of the back child support?

Brief Answer

Yes. Under the Indiana statutory law, Mr. Eldrige did not have full obligation of child support due to his unemployment status, so the trial court did act properly in excusing Mr. Eldridge from his arrears.

Statement of the Facts

The couple got divorced in 2009. Mrs. Eldridge was awarded custody of their two minor children. Mr. Eldridge was ordered to pay $700 dollars in child support every month. In January of 2010, Mr. Eldridge became unemployed until October of 2010 when he was able to acquire a job as an electrician. During the time of Mr. Eldridge's unemployment, he did not make child support payments. In January 2011, Mrs. Eldridge filed a motion with the court that entered the divorce decree, seeking an order forcing Mr. Eldridge to pay a total of $7,000 in missed child support payments. Mr. Eldridge counterclaimed with a petition to modify his child support obligation. The petition requested that he be excused from having to pay the obligations that accrued during his ten-month unemployment period. The court ordered Mr. Eldridge to pay half of the amount due, totaling $3,500, and excused him from the remainder of the balance, due to the factor that Mr. Eldridge was unemployed during the months that the child support was being accrued.