In Re: The Marriage of: Meleeka Clary-Ghosh v. Michael Ghosh
2015 Ind. App. LEXIS 81
Ind. Ct. App.2015Background
- Meleeka Clary-Ghosh and Michael Ghosh divorced; Michael was awarded legal and physical custody of their son, M.G.; Meleeka received midweek overnight and alternating weekend visitation and was a full-time doctoral student with no child support obligation initially.
- Post-dissolution litigation was extensive: multiple contempt petitions by both parties, requests for a parenting time coordinator, and cross-motions to modify parenting time and child support.
- The trial court found Michael in contempt for not forwarding school information ($100 suspended fine; $500 toward Meleeka’s fees) and found Meleeka in contempt for failing to pay $7,323.69 in school fees.
- The court modified Meleeka’s parenting time (eliminated school-night overnights; set midweek three-hour visit and Fri 5:00 p.m.–Sun 6:00 p.m. alternating weekends) and imputed $40,000 annual income to her for child support purposes.
- The trial court awarded Michael $8,000 of attorney fees as a sanction against Meleeka (and $1,000 for discovery violations), and denied Meleeka’s request for a parenting time coordinator.
Issues
| Issue | Plaintiff's Argument (Meleeka) | Defendant's Argument (Michael) | Held |
|---|---|---|---|
| Modification of parenting time | Reduction was improper and required findings that parenting time would endanger or impair the child | Modification was justified to reduce conflict and align with Parenting Time Guidelines | Modification affirmed — court may modify based on child's best interests; no endangerment finding required where time remained at or above Guidelines |
| Imputation of income for child support | No evidence she underemployed herself to avoid support; imputing $40,000 was improper | Meleeka voluntarily left workforce, has access to funds and lifestyle inconsistent with claimed income | Affirmed — trial court acted within discretion to impute income based on evidence of resources and conduct |
| Contempt findings and fee award | Contempt and large fee sanction improper, especially where Michael was also found in contempt | Michael argued Meleeka failed to pay ordered school fees and pursued frivolous litigation increasing his fees | Affirmed — contempt finding supported by record; fee sanction was within court’s discretion and offset by award against Michael for his contempt |
| Appointment of parenting time coordinator | Coordinator needed to reduce ongoing conflict | Court can directly manage disputes and declined appointment as unnecessary | Affirmed — denial not an abuse of discretion; court reasonably chose to manage issues itself |
Key Cases Cited
- Stone v. Stone, 991 N.E.2d 992 (Ind. Ct. App. 2013) (standards for reviewing findings and general judgment with sua sponte findings)
- Perkinson v. Perkinson, 989 N.E.2d 758 (Ind. 2013) (best-interest standard and deference in parenting-time decisions)
- Milligan v. Milligan, 365 N.E.2d 1244 (Ind. Ct. App. 1977) (earlier precedent on improper restriction of visitation)
- Sexton v. Sedlak, 946 N.E.2d 1177 (Ind. Ct. App. 2011) (trial court discretion to impute income for child support)
- Sandlin v. Sandlin, 972 N.E.2d 371 (Ind. Ct. App. 2012) (imputing income when parent voluntarily unemployed/underemployed)
- Witt v. Jay Petroleum, Inc., 964 N.E.2d 198 (Ind. 2012) (standard for civil contempt)
- Winslow v. Fifer, 969 N.E.2d 1087 (Ind. Ct. App. 2012) (trial court’s inherent authority to award attorney fees for civil contempt)
- MacLafferty v. MacLafferty, 829 N.E.2d 938 (Ind. 2005) (deference to family law factfinding)