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668 N.E.2d 691

Scott v. Scott

Indiana Court of Appeals

Decided June 25, 1996

Indiana Court of Appeals · decided 1996-06-25

Good law ✅— No negative treatment on recordhow we know

Decided 1996-06-25

How this case has been cited

Cited by 33 later decisions — most recently October 2018 · most notably Ben-Yisrayl v. State (2000), Sweeney v. State (1998)

32 state decisions

150199620002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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GARRARD, Judge,

¶1concurring.

¶2I 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.

¶3Thus, 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.

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