Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, January 26, 2019

Indiana Court of Appeals Included Child Support Garnishment in Man's Medicaid Liability

From The Indiana Lawyer:

A man who previously won his argument that the money garnished for his child support should not be included in determining his Medicaid liability was reversed Wednesday, when an appellate panel determined the Indiana Family and Social Services Administration’s interpretation of Medicaid statutes and regulations were reasonable.

Lance Patterson lives in a Middletown nursing home as a result of his chronic heart failure, diabetes, and various other medical issues. Due to his failure to pay child support while his adult daughter was a minor, Patterson accumulated a child support arrearage of more than $56,000, for which he was issued a garnishment order.

Read more here.

https://lawprofessors.typepad.com/family_law/2019/01/indiana-court-of-appeals-included-child-support-garnishment-in-mans-medicaid-liability.html

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Comments

Sounds like it's time to return to the child support court. The court can't retroactively modify the child support itself, but it probably could reduce the amount garnished each month so that he could pay off the debt for his medical care more rapidly.

Posted by: Karen Czapanskiy | Jan 27, 2019 6:44:49 AM

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