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Parrigin v. Commonwealth

9/2/2005

) An arrearage of not less than one thousand dollars ($1,000); or


(b) Six (6) consecutive months without payment of support. . .


Parrigin admitted that he was aware of his child support obligation and that he had not paid any child support money since 1999. Further, he never contested that the arrearage was over $1,000.00. He did seek to present evidence that he was not capable of providing support because of his back injury. This evidence consisted of a comparison of his bills with his income and testimony that friends and family members helped him financially at times. In contrast, McWhorter testified that Parrigin never wanted to pay child support, even when he had the money to do so, and that she had gone to court every month or two for nine years to try to get him to pay. Considering the overwhelming evidence against him, Parrigin fails to show that, without the evidence and statements he now complains of, the jury would have reached a different decision.


For the foregoing reasons, the judgment of the Clinton Circuit Court is affirmed.


ALL CONCUR.




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