Gail Eisenhut v. Richard Eisenhut, M.D.
2013 Ind. App. LEXIS 222
| Ind. Ct. App. | 2013Background
- Gail and Richard Eisenhut divorced in 1995; Gail awarded primary custody of Brittany, born 1990, with Richard paying $250/week ($1,075/month) in child support.
- Richard’s support obligation increased to $1,375/month in 2004; in 2009 he changed employers and voluntarily continued withholding under an informal arrangement.
- Brittany turned twenty-one in February 2011; no post-emancipation support order or college-expenses order existed; Brittany remained dependent and living with Gail.
- Richard did not seek to terminate support for fourteen months after emancipation, filing to discontinue on April 27, 2012; Gail stipulated to termination effective immediately.
- Gail repaid the most recent monthly payment she had received after the petition; Richard sought to recover $19,250 in overpaid support after Brittany’s emancipation.
- The trial court found Richard’s overpayment involuntary and entered judgment against Gail for $19,250, which Gail appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gail must reimburse Richard for post-emancipation overpayments of child support | Eisenhut contends overpayments were involuntary; Richard’s continued withholding after emancipation justified reimbursement. | Eisenhut argues payments were voluntary; overpayments should not be credited against other obligations. | Trial court’s reimbursement order reversed; overpayments were voluntary. |
Key Cases Cited
- Olson v. Olson, 445 N.E.2d 1386 (Ind. Ct. App. 1983) (unrequired post-emancipation payments are gratuitous; not creditable against arrearages)
- Carpenter v. Carpenter, 891 N.E.2d 587 (Ind. Ct. App. 2008) (government action can make overpayments involuntary; but not here)
- Matson v. Matson, 569 N.E.2d 732 (Ind. Ct. App. 1991) (overpayments intercepted by tax/refund mechanism can be involuntary)
- Flowers v. Flowers, 799 N.E.2d 1183 (Ind. Ct. App. 2003) (due process/IV-D issues can create involuntary overpayment)
- Hirsch v. Oliver, 970 N.E.2d 651 (Ind. 2012) (emancipation date for child support; modification timing)