Opinion

Scott v. Scott

  • 668 N.E.2d 691
  • 1996 Ind. App. LEXIS 815
  • 1996 WL 344204
Court
Indiana Court of Appeals
Filed
Jun 25, 1996
Status
Published
Author
Garrard
On the bench
Sharpnack, Kirsch, Garrard
Cited by
43 cases

remanding because order did not reveal basis for award either by specific findings or by incorporation of parties' worksheets

How later courts described this case

  • remanding because order did not reveal basis for award either by specific findings or by incorporation of parties' worksheets
  • “We cannot review a support order to determine if it complies with the guidelines unless the order reveals the basis for the amount awarded. Such revelation could be accomplished either by specific findings or by incorporation of a proper worksheet.”
  • discussing the statutory presumption of equal division and rebuttal of the same
  • “the principle of res judi-cata prevents the repetitious litigation of that which is essentially the same dispute."

Written by the judges who cited it.

The opinion

GARRARD, Judge,

concurring.

I concur with parts II, III and IV of the majority opinion. I also concur in the result 'as to part I of the opinion because I believe the court's discussion of potential or imputed income and the Child Support Cuidelines related thereto is beside the point. The trial court did not find that Larry was underemployed and might reasonably make $800 per week from his auto business. The court expressly determined that Larry's testimony on the subject was not credible, and the court expressly found that Larry was in fact earning about $300 per week from the business.

Thus, the available question (one which appellant leaves unargued) is whether the evidence was sufficient to sustain the court's determination. Under the facts, as discussed by the majority, it was. .And in any event, the issue is unavailable since Larry elected not to argue it on appeal. I therefore concur with the majority's conclusion that no error was committed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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