Francis M. Laux v. Pauletta Leann (Laux) Ferry
34 N.E.3d 690
| Ind. Ct. App. | 2015Background
- Parents divorced in 1999; settlement required Father to pay $1,000/month child support for their child (born 1996).
- Mother filed a petition to modify child support on August 20, 2013; evidentiary hearing held May 7 and 28, 2014.
- Trial court found Father’s weekly income for support purposes was $4,943.50 (self-employed chiropractor) and Mother’s weekly income was $462 (real estate agent).
- Both parties remarried; each spouse contributes to household expenses. Stepfather (Mother’s husband) pays Child’s health insurance via payroll deduction of $110.52/week.
- Trial court increased Father’s weekly support to $443, ordered retroactive support of $8,904 to the petition date, and credited Mother for the health insurance premium.
Issues
| Issue | Ferry's Argument (Plaintiff) | Laux's Argument (Defendant) | Held |
|---|---|---|---|
| Whether trial court correctly calculated Mother’s income | Trial court properly used Mother’s actual earnings and declined to impute spouse’s income | Court should impute Stepfather’s income or consider in-kind benefits | Court affirmed that imputation was discretionary; no abuse in declining to impute spouse’s income |
| Whether Mother should be credited for Child’s health insurance premium | Mother credited for premium as part of support calculation | Father: cannot credit Mother because Stepfather actually pays the premium | Reversed: court erred to credit Mother for insurance after declining to treat Stepfather’s income as hers; remand to remove that credit |
| Whether trial court correctly calculated Father’s income (FICA/self-employment tax) | Trial court’s use of Father’s worksheet was proper | Father argues one-half of self-employment FICA should be deducted | Affirmed: no reversible error; court relied on figures within evidence and invited any discrepancy by using Father’s worksheet |
| Whether retroactive support calculation was correct | Mother sought retroactive relief to petition date | Father claimed voluntary overpayment of $100/month and sought credit | Affirmed: trial court did not abuse discretion in declining unsupported overpayment testimony; retroactive amount stands subject to recalculation after removing insurance credit |
Key Cases Cited
- Glass v. Oeder, 716 N.E.2d 413 (Ind. 1999) (trial court may impute a spouse’s income to a parent in appropriate circumstances)
- Trabucco v. Trabucco, 944 N.E.2d 544 (Ind. Ct. App. 2011) (party may invite error by the evidence or waiving challenge to calculation)
- Eppler v. Eppler, 837 N.E.2d 167 (Ind. Ct. App. 2005) (support figure within evidence and guideline scope is not clearly erroneous)
- Hatmaker v. Hatmaker, 998 N.E.2d 758 (Ind. Ct. App. 2013) (trial court may make modified child support retroactive to petition filing date)