Angela Duckworth v. Christopher R. Duckworth
2013 Ind. App. LEXIS 243
| Ind. Ct. App. | 2013Background
- Divorced July 2010; mother and father shared custody of C.D. and I.D.
- On February 6, 2012, Father petitioned for modification seeking sole custody and child support
- Trial court awarded Father sole custody with supervised parenting time for Mother and ordered Mother pay $231 per week in child support
- Mother did not submit a child support worksheet or evidence of her income
- Trial court used Father’s income worksheet as the basis for Mother’s income and affirmed the support calculation on appeal
- Appellate review applied a deferential standard and affirmed the trial court’s order
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the income used to calculate child support for Mother was proper | Duckworth asserts the income figure for Mother is inaccurate | Duckworth argues the income figure is supported by the record and by the Guidelines | Affirmed; income figure based on the record; no reversal |
| Whether failure to submit a Mother income worksheet invalidates the support calculation | Mother contends the lack of her worksheet undermines the calculation | Father argues the record supports the assigned income and the error, if any, was due to Mother’s neglect | Affirmed; trial court properly followed Guidelines even without Mother’s worksheet |
Key Cases Cited
- Thurman v. Thurman, 777 N.E.2d 41 (Ind. Ct. App. 2002) (appellate review where appellee did not file a brief; no obligation to develop arguments for non-appearing party)
- Van Wieren v. Van Wieren, 858 N.E.2d 216 (Ind. Ct. App. 2006) (prima facie error standard in sua sponte findings)
- McGill v. McGill, 801 N.E.2d 1249 (Ind. Ct. App. 2004) (child support guidelines; income shares model; presumption of validity)
- Witte v. Mundy ex rel. Mundy, 820 N.E.2d 128 (Ind. 2005) (party cannot complain about an error of own making)
- Dye v. Young, 655 N.E.2d 549 (Ind. Ct. App. 1995) (trial court follows guidelines when using income on worksheet)
- Trust No. 6011, Lake County Trust Co. v. Heil’s Haven Condominiums Homeowners Ass’n, 967 N.E.2d 6 (Ind. Ct. App. 2012) (appellate deference to trial court findings in property/family matters)
- MacLafferty v. MacLafferty, 829 N.E.2d 938 (Ind. 2005) (appellate deference to trial judge in family law matters)