(DOWNLOAD) "State Indiana Ex Rel. Barry Greebel v. J" by Supreme Court of Indiana No. 478S72 " eBook PDF Kindle ePub Free
eBook details
- Title: State Indiana Ex Rel. Barry Greebel v. J
- Author : Supreme Court of Indiana No. 478S72
- Release Date : January 11, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
On February 1, 1978, Marilyn Greebel filed an action in the Marion Circuit Court to enforce a support order entered pursuant to a Pennsylvania divorce decree. The respondent, Barry Greebel, subsequently moved for a change of venue from the county. The motion was denied on March 27, 1978. He then sought a writ of mandate and prohibition in this Court to compel the trial court to grant his motion for change of venue. On April 26, 1978, this Court denied a temporary writ. The sole question in this case is whether the trial court was required to grant a change of venue. The Uniform Reciprocal Enforcement of Support Act was adopted in this State in 1961. Its purpose is to improve and extend by reciprocal legislation enforcement of duties of support and to make uniform the law with respect thereto. IC § 31-2-1-1 [Burns 1973]. The Act requires the court to conduct the proceedings in the manner prescribed by law for an action for enforcement of the type of duty of support claimed. IC § 31-2-1-19 [Burns 1973]. Once the court confirms the support order, such order has the same effect and may be enforced as if originally entered in this State. The procedures for enforcement are the same as in other orders for payment of alimony, maintenance or support entered in Indiana. IC § 31-2-1-37 [Burns 1973]. Thus, under the Act, the foreign support order when confirmed by an Indiana court, becomes for all intents and purposes an Indiana support order. In enforcement of support or modification orders, it has long been the rule in Indiana that a change of venue is not permitted. State ex rel. Butcher v. Greene Cir. Ct., (1964) 245 Ind. 1, 195 N.E.2d 776; Linton v. Linton, (1975) 166 Ind. App. 428, 339 N.E.2d 96.