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FOR PUBLICATION

APPELLANT PRO-SE: ALLEN FRANCIS FOLEY Washburn, Maine

ATTORNEY FOR APPELLEE: BEVERLY S. PETERS Elkhart, Indiana

IN THE COURT OF APPEALS OF INDIANA
ALLEN FRANCIS FOLEY, Appellant-Respondent, vs. SHARON LEE MANNOR, Appellee-Petitioner. ) ) ) ) ) ) ) ) )

No. 20A05-0509-CV-509

APPEAL FROM THE ELKHART SUPERIOR COURT The Honorable Stephen E. Platt, Judge Cause No. 7263

March 17, 2006 OPINION- FOR PUBLICATION

BAKER, Judge

Appellant-respondent Allen Francis Foley (Allen) appeals the trial court's judgment

representing a $12,000 child support arrearage in favor of his former wife, appellee-petitioner Sharon Lee Foley Mannor (Sharon). Specifically, Foley challenges1 the trial court's exercise of jurisdiction over this case, as well as the order directing him to pay attorney's fees in the amount of $400 to Sharon's counsel. Allen also argues that the trial court erroneously ordered a body attachment against him, as well as the amount of the bond that the trial court had set. We conclude that the trial court had jurisdiction over this matter, and that the award of $400 in attorneys' fees to Sharon was proper. However, we note that the issuance of a body attachment was improper in these circumstances. Thus, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion. FACTS When the parties were married and living in Texas, they had one son, M.F., who was born in Dallas on August 9, 1978. Sharon and Allen divorced nearly one year later, and the

We note that Allen has failed to comply with a number of requirements set forth in our Rules of Appellate Procedure. In particular, Appellate Rule 46(A)(4) provides that the appellant's brief "shall concisely and particularly describe each issue presented for review." Contrary to these requirements, Allen fails to do so, and it is difficult for us to discern the precise arguments that he advances. Moreover, his claims are not supported with citation to relevant authority, in contravention of Appellate Rule 46(8)(a)-(e). In Owen v. State 269 Ind. 513, 518, 381 N.E.2d 1235, 1239, (1968), our Supreme Court noted that a pro se appellant proceeds at the same risk as any other party before this court, and that when a party elects to represent himself, there is no reason for us to indulge in any benevolent presumption on his behalf, or waive any rule for the orderly and proper conduct of his appeal. It was further held that the same standards apply to pro se appellants as to others, and alleged errors are waived if such rules are not complied with. Id. Put another way, pro se litigants are held to the same standards of civility and professional courtesy as admittees to the Indiana bar. Boczar v. Meridian Street Found., 749 N.E.2d 87, 92 (Ind. Ct. App. 2001). However, given our preference to resolve cases that come before us on their merits where possible, see Sneed v. Assoc. Group Ins., 663 N.E.2d 789, 797 (Ind. Ct. App. 1996), we proceed to decide this appeal.

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dissolution decree issued by the Dallas County District Court on February 22, 1979, provided that Sharon was to have custody of M.F., and that Allen was to pay child support in the amount of $50 per week "until [M.F.] reached the age of 18 years or is otherwise emancipated." Appellee's App. p. 11. Shortly after the dissolution decree was entered, Allen apparently moved to Indiana. On January 2, 1980, Sharon filed a complaint in the Elkhart Superior Court (trial Court) pursuant to the Indiana Uniform Reciprocal Enforcement of Support Act (URESA)2 , in an effort to have the Texas child support order enforced. The trial court conducted a hearing on April 2, 1980, and Allen appeared by counsel. At no time during this hearing did counsel challenge the trial court's jurisdiction over this matter. Moreover, Allen admitted that he was an Indiana resident for a "brief period of time from 1979 to 1981." Appellant's Br. p. 10. Following the hearing, the trial court's order provided that Allen was to pay $50 per week for M.F.'s support beginning on May 15, 1980, and "the question of arrearage [was to] be determined upon further order of [the] court." Id. Sharon filed a showing of noncompliance on January 8, 1981. However, the date set for the hearing was removed from the docket on July 24, 1981, because Allen had not been served with notice. Thereafter, on October 4, 1984, Sharon filed another verified showing of noncompliance, and the trial court set the matter for hearing on November 19, 1984.

The URESA provisions, Indiana Code section 31-2-1 et seq., have since been repealed and have been recodified under the provisions of the Uniform Interstate Family Support Act (UIFSA). See Ind. Code

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