R.B. v. K.S.
25 N.E.3d 232
Ind. Ct. App.2015Background
- Father and Mother have two children (born 2001 and 2003) and divorced in 2006.
- Original dissolution decree granted shared legal and physical custody; parenting time was approximately equal.
- 2013 concerns arose over children’ activities reducing Mother's time with them.
- Father petitioned for full legal and physical custody; Mother counter-petitioned for full custody.
- March 31, 2014 trial court ordered Father custody with shared physical custody and $876 weekly child support, retroactive to Mother's petition date.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning of custody language | Father seeks full (legal and physical) custody. | Order already grants legal custody to Father with equal parenting time. | Father has legal custody; both parents share physical custody equally. |
| Need for deviation findings under Grant v. Hager | Custodial-to-noncustodial support requires written unjustness finding. | 2010 Guidelines amended; no unjust finding required. | No written finding required; custodial-to-noncustodial support permitted absent deviation. |
| Validity of the amount of child support | Support amount is excessively high given Mother’s needs. | Guidelines applied; amount not clearly erroneous; supports child’s standard of living. | Support amount within Guidelines; not clearly erroneous. |
| Retroactivity of support award | Retroactivity to July 2013 overstates Mother’s time. | Record insufficient to challenge retroactivity; trial court deemed appropriate. | Retroactivity sustained; insufficient record to disturb. |
Key Cases Cited
- In re Paternity of Jo.J., 992 N.E.2d 760 (Ind. Ct. App. 2013) (clear error standard for child support appeals)
- Grant v. Hager, 868 N.E.2d 801 (Ind. 2007) (requires deviation findings for custodial-to-noncustodial support under prior guidelines)
- Bus-sert v. Bussert, 677 N.E.2d 68 (Ind. Ct. App. 1997) (policy concerns when support exceeds guideline amount)
- Eppler v. Eppler, 837 N.E.2d 167 (Ind. Ct. App. 2005) (high guideline awards permissible if within reasonable range)
- Payton v. Payton, 847 N.E.2d 251 (Ind. Ct. App. 2006) (guidelines aim to preserve pre-dissolution standard of living)