Shari (Ellis) Lovold v. Clifford Scott Ellis
2013 Ind. App. LEXIS 190
| Ind. Ct. App. | 2013Background
- Divorced in 2003; Mother custodial with C.E.; Father visitation and child support obligations; 2011 petition by Mother for contribution to post-secondary education; cross-petitions for emancipation and child support modification; trial court held C.E. repudiated Father and denied education contribution; child support calculation amended but error found, leading to remand.
- Hearing occurred 11/16/2011 with in camera interview of C.E. on 11/23/2011; additional proceedings in 2012; testimony and evidence showed long period of limited or no contact between Father and C.E. after 2004.
- Trial court found C.E. repudiated his relationship with Father based on multiple findings of fact, including lack of communication, FH’s long absence, and C.E.’s conduct post-majority; court did not enter an educational support order due to repudiation but calculated child support for the period C.E. lived away.
- The trial court used a post-secondary education worksheet for the child’s residence weeks but the amount was not offset correctly by the repudiation finding; on Father’s motion to correct error, court adjusted child support downward but did not adequately exclude time C.E. lived on campus.
- This appeal concerns (a) whether repudiation was properly found and (b) whether child support was correctly calculated in light of repudiation; the appellate court affirmed in part, reversed in part, and remanded for recalculation of child support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Repudiation of relationship by C.E. | Lovold argues trial evidence shows repudiation was unsupported | Ellis contends findings supported repudiation | No clear error; repudiation supported by record |
| Educational expenses after repudiation | Lovold seeks denial of education contribution | Ellis relies on repudiation defense | Affirmed: educational order denied due to repudiation |
| Child support calculation during college period | Lovold argues error in including campus weeks | Ellis argues proper calculation; weeks miscount adjusted | Reversed in part; remand to recalculate so Father does not pay for time son lived on campus |
Key Cases Cited
- McKay v. McKay, 644 N.E.2d 164 (Ind. Ct. App. 1994) ( repudiation as complete defense to college expenses)
- Norris v. Pethe, 833 N.E.2d 1024 (Ind. Ct. App. 2005) ( repudiation continued after majority; focus on adult behavior)
- Lechien v. Wren, 950 N.E.2d 838 (Ind. Ct. App. 2011) ( affirmed repudiation where evidence supports court’s decision)
- Scales v. Scales, 891 N.E.2d 1116 (Ind. Ct. App. 2008) ( repudiation supported by evidence; not an abuse of discretion)
- Staresnick v. Staresnick, 830 N.E.2d 127 (Ind. Ct. App. 2005) ( affirmed when trial court found no repudiation)
- Redd v. Redd, 901 N.E.2d 545 (Ind. Ct. App. 2009) ( repudiation not supported by the evidence (contrast case))
- Knisely v. Forte, 875 N.E.2d 335 (Ind. Ct. App. 2007) ( guidelines; separate child support and education orders)