Miller v. Carpenter
2012 Ind. App. LEXIS 127
Ind. Ct. App.2012Background
- Married parents have two children; Mother awarded sole legal custody and primary physical custody in dissolution; Father credited for 98 overnights though he had about 127–134 overnights per year; Father petitions after relocation for joint legal custody, more parenting time, and reduced child support; Trial court grants relief based on Mother's increased income, reduced child care, and more parenting time; Mother appeals arguing four issues; Appellate court reverses on legal custody but affirms on parenting time and child support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion modifying legal custody | Father failed to show substantial change in factors | Court considered sections 8, 15, 21 and found best interests supported joint custody | Abuse not shown; reverse on legal custody. |
| Whether there was a de facto modification of physical custody | Modification of parenting time effectively changed custody | No de facto modification; parenting time modification allowed by best interests | Not a de facto modification of physical custody. |
| Whether parenting time modification was appropriate | Modification not justified beyond best interests | Evidence shows best interests supported extended time with Father | Modification supported by children's best interests. |
| Whether child support was properly modified | Imputing income and larger parenting time credit warranted; deviation warranted | Evidence too speculative to impute income; credit justified; deviation meets statute | Courts did not abuse discretion; parenting time credit upheld and support reduced. |
Key Cases Cited
- Julie C. v. Andrew C., 924 N.E.2d 1249 (Ind.Ct.App.2010) (modification of custody factors require substantial change in best interests)
- Werner v. Werner, 946 N.E.2d 1233 (Ind.Ct.App.2011) (deference to trial court in family law; review for abuse of discretion)
- Kondamuri v. Kondamuri, 852 N.E.2d 939 (Ind.Ct.App.2006) (custody, parenting time, and support standards; abuse of discretion review)
- In re Kraft, 868 N.E.2d 1181 (Ind.Ct.App.2007) (substantial change and child support deviation considerations)
- Hay v. Hay, 730 N.E.2d 787 (Ind.Ct.App.2000) (agreement to pay support beyond guidelines; modification standards debated)
- Bussert v. Bussert, 677 N.E.2d 68 (Ind.Ct.App.1997) (policy guiding child support and living standard continuity)