Denise A. Mertz a/k/a Denise A. Grimmer v. Robert G. Mertz
2012 Ind. App. LEXIS 349
| Ind. Ct. App. | 2012Background
- Mother and Father divorced in 1994; they have two daughters.
- 2005 order required Father to pay $272.27 weekly in child support, including $86.47 for education; arrearage led to license suspension.
- November 2008: Father’s driving privileges suspended for failure to pay support.
- 2010 petitions sought emancipation or modification of child support and reinstatement of driving privileges; Father proposed paying half his income toward support and arrearage.
- March 2011: trial court imputed Father’s income at $1,000/week, reduced his support to $49/week plus $62/week educational expense, with remaining funds toward arrearage, and reinstated driving privileges conditioned on the plan; Mother appealed.
- Court affirmed modification and reinstatement; dissent by Robb, CJ in part, and concurrence/dissent noted by others.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Modification of child support was proper | Grimmer contends change in income is substantial | Mertz argues no substantial change or improper imputation | Modification affirmed |
| Reinstatement of driving privileges proper under statute | Grimmer argues plan not to pay arrearage; reinstatement improper | Mertz argues plan to pay half income satisfies statute | Reinstatement affirmed (majority) |
Key Cases Cited
- Meredith v. Meredith, 854 N.E.2d 942 (Ind.Ct.App.2006) (abuse of discretion standard for modification of child support)
- Knisely v. Forte, 875 N.E.2d 335 (Ind.Ct.App.2007) (income imputation and treatment of irregular income)
- Elliott v. Elliott, 634 N.E.2d 1345 (Ind.Ct.App.1994) (definition of potential income for support calculations)
- Glass v. Oeder, 716 N.E.2d 413 (Ind.Ct.App.1999) (rent-free living used to impute income)
- Lambert v. Lambert, 861 N.E.2d 1176 (Ind.2007) (recognizes incentivi... to seek employment in support context)