CARDWELL v. GWALTNEY

No. 87A01-9002-CV-80.

556 N.E.2d 953 (1990)

Dwonna Gayle Gwaltney CARDWELL Appellant, v. Kenneth Wayne GWALTNEY, Appellee.

Court of Appeals of Indiana, First District.

July 17, 1990.


Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Gordon E. White, Jr., Deputy Atty. Gen., Office of Attorney General, Indianapolis, for appellant.

Charles L. Martin, Boonville, for appellee.


ROBERTSON, Judge.

The sole issue raised in this appeal is whether an individual should be absolved from paying child support because of his incarceration.

The underlying material facts show that the appellant Cardwell and the appellee Gwaltney were divorced with Gwaltney ordered to pay child support. About a year and one half later, Gwaltney filed a petition to modify the support order based upon the reason that he had spent a year in jail. Gwaltney sought...

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