Dale Bond v. Judylee W. Bond (mem. dec.)
68A01-1612-DR-2856
| Ind. Ct. App. | Jul 5, 2017Background
- Dale and Judylee Bond divorced in December 2013; their settlement agreement (incorporated into the divorce decree) required Dale to make $250 monthly payments on a land contract so Judylee could remain in possession of the marital residence.
- Dale was receiving Social Security Disability (~$1,357.70/month) and admitted at the hearing he understood and voluntarily accepted the payment obligation.
- Dale stopped making the land-contract payments; Judylee filed a contempt motion on August 17, 2016. A hearing was held September 27, 2016.
- Dale testified he had medical expenses, new vehicle payments, utilities, and paid $300/month rent to a girlfriend, leaving little disposable income; he purchased a truck shortly before the contempt hearing.
- The trial court found Dale in contempt, sentenced him to 60 days jail with a purge by resuming payments, and ordered repayment terms; Dale filed a motion to correct error which was denied, prompting this appeal.
Issues
| Issue | Plaintiff's Argument (Dale) | Defendant's Argument (Judylee) | Held |
|---|---|---|---|
| Whether contempt was an available remedy to enforce the settlement agreement | Contempt was improper here because constitution prohibits imprisonment for debt and Dale lacked ability to pay; thus contempt was unconstitutional | The settlement obligation was enforceable via contempt because it was not a fixed-money judgment but an obligation under the dissolution decree | Court held contempt was available and affirmed contempt finding |
| Whether the trial court abused its discretion in finding Dale had ability to pay | Dale argued record shows inability to pay (SSDI only, medical bills, new vehicle, rent), so contempt finding was against the evidence | Judylee highlighted Dale’s voluntary actions (entering agreement knowing income, buying a truck, paying rent) showing ability to comply | Court concluded trial court’s factual finding that Dale had means to pay was not against the logic and effect of the record and affirmed |
Key Cases Cited
- McKinney v. McKinney, 820 N.E.2d 682 (Ind. Ct. App. 2005) (appellate standard when appellee fails to file brief; prima facie error review)
- Faulkinbury v. Broshears, 28 N.E.3d 1115 (Ind. Ct. App. 2015) (abuse-of-discretion standard for motion to correct error)
- Whittaker v. Whittaker, 44 N.E.3d 716 (Ind. Ct. App. 2015) (contempt may be used to enforce obligations in dissolution decrees that are not fixed-money judgments)
- Cowart v. White, 711 N.E.2d 523 (Ind. 1999) (imprisonment for debt prohibited; contempt generally unavailable to enforce fixed-money judgments)
- Mitchell v. Mitchell, 871 N.E.2d 390 (Ind. Ct. App. 2007) (settlement obligations in a dissolution decree that are not money judgments may be enforced by contempt)
- Shorter v. Shorter, 851 N.E.2d 378 (Ind. Ct. App. 2006) (settlement agreements incorporated into dissolution decrees are contractual and enforceable by the trial court)