Lechien v. Wren
2011 Ind. App. LEXIS 1359
| Ind. Ct. App. | 2011Background
- Marriage dissolution in 2000; Mother granted custody of Brittany and Nathan; Father ordered to pay $177 weekly child support for Nathan in 2008 nunc pro tunc.
- Nathan, born 1991, turns 18 in 2009 and later seeks name change to Lechien; Nathan acknowledges possible repudiation effects on support.
- In 2010 Mother petitions to modify and seek higher educational expenses; Nathan intends to attend IUPUI and live with Mother during college.
- June 2010 hearing: evidence of strained Father–Nathan relationship; Father’s intermittent parenting time since 2008; Nathan’s minimal communication.
- Trial court finds Nathan repudiated the father–son relationship and that Father’s support obligation for Nathan should be reduced to $69 per week, applying a 6% rule.
- Appeals court affirms repudiation finding, but reverses the support-reduction, remanding for order consistent with guidelines and statutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Nathan repudiated his relationship with Father. | Lechien argues findings support repudiation but judgment overreaches. | Wren argues repudiation is clear due to name change and lack of contact. | Repudiation supported; Nathan repudiated Father sufficient to obviate college expenses. |
| Whether trial court properly modified Father’s weekly child support. | Mother contends no deviation from guidelines; college living at home. | Father argues deviation appropriate due to living at home and education costs. | Modification reversed; no reduction when Nathan resides with custodial parent; remand for guideline-consistent order. |
Key Cases Cited
- Scales v. Scales, 891 N.E.2d 1116 (Ind.Ct.App.2008) (repudiation can relieve some parental obligations)
- Norris v. Pethe, 833 N.E.2d 1024 (Ind.Ct.App.2005) (evidence-supported repudiation upholds court findings)
- McKay v. McKay, 644 N.E.2d 164 (Ind.Ct.App.1994) (adult repudiation limits college expense obligations)
- Milne v. Milne, 556 A.2d 861 (Pa.Super.1990) (pre-majority attitudes not entitled to parental amnesty)
- Bales v. Bales, 801 N.E.2d 196 (Ind.Ct.App.2004) (repudiation not a release of general child-support obligation)