In the Matter of Tiffany R. Laux: John R. Laux v. Deborah S. Mock (Wilson) (mem. dec.)
38A04-1605-JP-1045
| Ind. Ct. App. | Mar 14, 2017Background
- John R. Laux (Father) was ordered on Dec. 10, 2014 to pay $45/week toward his adult daughter Tiffany’s post-secondary educational expenses (effective Sept. 3, 2014); that amount reflected roughly $41/week for health insurance.
- Tiffany was enrolled full-time at Ball State, maintaining a 3.499 GPA, living with Mother, and receiving 21st Century Scholarship, grants, and access to student loans.
- Father retired and receives $1,646/month in Social Security; Mother receives about $770/month in disability/Social Security.
- Father fell into arrears ($3,025 as of Feb. 22, 2016), was found in contempt for willful nonpayment, and sought modification of the post‑secondary expense order on June 17, 2015.
- Trial court found Tiffany remained uninsured for ~1.5 years, had been denied Hoosier Healthwise coverage previously, and concluded Father failed to show a substantial and continuing change in circumstances to justify modification; the court denied modification and ordered Father to pay an extra $20/week toward arrearage.
Issues
| Issue | Father’s Argument | Mother’s Argument | Held |
|---|---|---|---|
| Whether Father showed a substantial change in circumstances to modify post-secondary expense order | Father: Tiffany’s needs are met by 21st Century Scholarship/grants so continuing to pay (notably health insurance) is unreasonable | Mother: (no appellee brief) trial court findings show continued need; modification requires substantial, continuing change | Court: No — findings supported conclusion Father failed to show substantial change; modification denied |
| Whether health insurance can be included in post-secondary educational order | Father: Unreasonable to require him to pay for health insurance given available aid | Mother: Health costs fall within permissible post-secondary expenses and Tiffany lacks coverage | Court: Yes — statute and precedent permit including health insurance and related medical expenses in such orders |
| Whether Tiffany qualifies for Hoosier Healthwise, eliminating need for father’s payments | Father: Tiffany qualifies for Hoosier Healthwise so father’s obligation should be reduced | Mother/record: Tiffany attempted enrollment but was denied/has been uninsured ~1.5 years | Court: Findings that Tiffany was denied/was uninsured supported continuing obligation; Father failed to show changed circumstances |
| Whether trial court’s findings are supported by evidence and require reversal | Father: Judgment against him is erroneous | Mother: N/A (no brief) | Court: Findings supported by evidence; appellate standard requires affirming unless judgment contrary to law — affirmed |
Key Cases Cited
- Bester v. Lake Cty. Office of Family & Children, 839 N.E.2d 143 (Ind. 2005) (two‑tier review when trial court issues findings of fact and conclusions)
- Quillen v. Quillen, 671 N.E.2d 98 (Ind. 1996) (findings are clearly erroneous only when record contains no supporting facts or inferences)
- In re L.S., 717 N.E.2d 204 (Ind. Ct. App. 1999) (affirm where evidence and inferences support trial court decision)
- Borum v. Owens, 852 N.E.2d 966 (Ind. Ct. App. 2006) (college expense orders are modifiable but treated like child support)
- MacLafferty v. MacLafferty, 829 N.E.2d 938 (Ind. 2005) (appellate deference to trial court on changed‑circumstances findings)
- Cubel v. Cubel, 876 N.E.2d 1117 (Ind. 2007) (post‑secondary orders may include medical, dental, and insurance costs when appropriate)