Hamilton v. Hamilton
Supreme Court of Indiana
914 N.E.2d 747 (Ind. 2009)
Richard Hamilton (defendant) and Suzanne Hamilton (plaintiff) divorced in Florida, where Richard was ordered to pay $1,473 per month in child support. Richard didn't pay and was held in contempt in Florida. He moved to Indiana without paying, and Suzanne registered the Florida orders there. The Indiana superior court repeatedly modified the manner of compliance — staying Richard's jail sentence in exchange for smaller lump-sum and installment payments, and later a wage garnishment — while his arrearages under the original Florida order kept growing. When Suzanne moved to hold Richard in contempt for not paying the full amount owed under the original order, the superior court found no contempt, and the court of appeals affirmed. Suzanne appealed, arguing the Indiana orders improperly modified (rather than merely enforced) the Florida order.
Whether a court with authority to enforce a child-support order issued by another state has discretion to specify the amount of support and manner of compliance and to fashion a remedy that would most effectively compel payment.