Robert O. Hedrick v. Angela R. Gilbert
17 N.E.3d 321
| Ind. Ct. App. | 2014Background
- Hedrick and Gilbert divorce; dissolution decree incorporated a contract where Hedrick paid child support and both parties shared 50% of future college expenses.
- In 2003, the trial court partially modified Hedrick's child support to $81.00 per week.
- In August 2011, Hedrick and Gilbert filed petitions to modify child support; Gilbert also sought college expense decisions or continuation of support through education.
- The trial court, after hearings in 2012–2013, denied Hedrick's modification petition, found Hedrick in contempt for unpaid college expenses, and ordered Hedrick to pay Gilbert's attorney fees; the college-expense term remained, with ordered contributions.
- Gilbert filed a motion for clarification in November 2013; the trial court issued clarifying orders in December 2013, detailing payment arrangements and reaffirming previous orders.
- Hedrick filed a Notice of Appeal on January 3, 2014; Gilbert moved to dismiss as untimely, which this court ultimately treated as timely after the clarification order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of the appeal | Hedrick argues the motion for clarification tolled the clock. | Gilbert contends no tolling occurred; appeal timely under Rule 9. | Appeal timely under Rule 59 modification rule; tolling recognized. |
| Modification of postsecondary expenses | Modification warranted by substantial, continuing change in circumstances. | No substantial, continuing change shown; denial appropriate. | Trial court did not abuse discretion in denying modification. |
| Necessity of verified child support worksheets | Worksheets required for postsecondary education cases; waiver not valid. | Parties failed to submit worksheets; waivers allowed by Butterfield. | Waiver found, but practice discouraged; worksheets urged. |
| Findings of fact and support for decision | Trial court's order should include findings to support modification denial. | No request for findings before evidence; general judgment may be sustained. | No reversible error; findings not necessary given evidence and theory. |
| Contempt and attorney fees | Contempt and fees were proper due to nonpayment; authority supports sanctions. | Fees improper; reliance on length of litigation insufficient to show bad faith. | Contempt affirmed; attorney-fee award to Gilbert reversed as erroneous. |
Key Cases Cited
- Butterfield v. Constantine, 864 N.E.2d 414 (Ind. Ct. App. 2007) (verified worksheets required when child attends postsecondary education; waiver for noncompliance)
- Holtzleiter v. Holtzleiter, 944 N.E.2d 502 (Ind. Ct. App. 2002) (abuse of discretion standard for modification of child support)
- In re Marriage of Lambert, 839 N.E.2d 708 (Ind. Ct. App. 2005) (trial court may impute income to prevent evasion of support)
- Tompa v. Tompa, 867 N.E.2d 158 (Ind. Ct. App. 2007) (income disparity can support attorney-fee awards in divorce)
- Williams v. State ex rel. Harris, 690 N.E.2d 315 (Ind. Ct. App. 1997) (abuse of discretion standard for contempt determinations)