Stanley Kahn v. Beverly (Kahn) Baker
2015 Ind. App. LEXIS 478
Ind. Ct. App.2015Background
- Divorce produced a settlement requiring Father to pay Madeline’s post-secondary tuition, room and board, and uninsured medical costs; the order was approved in 2010.
- In Dec 2011, a car dispute led Madeline to limit contact with Father; she communicated mainly via texts and emails thereafter.
- In Jan 2012 the parties executed an Agreed Entry modifying post-secondary educational expenses, reiterating Father’s responsibility for tuition, room and board, and uninsured medical costs; no ongoing child support.
- Spring 2012 through summer 2012, Father continued some payments but then stopped paying Madeline’s educational expenses, causing Mother to seek enforcement and Father to petition for modification alleging repudiation.
- Trial court found Madeline did not repudiate Father, found Father in contempt for failing to pay educational and medical expenses, and awarded Mother attorney’s fees; it also applied the unclean-hands doctrine regarding room and board.
- On appeal, the Indiana Court of Appeals affirmed the trial court on repudiation, contempt, and attorney’s fees, but reversed the portion ordering who pays room and board, concluding Father remains liable for those costs under the Agreed Entry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Madeline repudiating Father relieve him of expenses? | Kahn: repudiation found. | Kahn: repudiation existed. | No repudiation; obligation not relieved. |
| Was Father in contempt for unpaid post-secondary expenses? | Kahn: contempt due to willful nonpayment. | Kahn: sought modification, not contempt. | Yes, in contempt for summer/fall 2012 and spring 2013 expenses. |
| Attorney's fees as contempt sanction | Kahn: fees appropriate due to contempt. | Kahn: court should consider resources. | Affirmed award of 77% of Mother's attorney fees. |
| Room and board allocation after housing changes | Mother: equitable reassignment under unclean hands. | Father: Agreed Entry covers housing; no clean-hands bar. | Cross-appeal reversed; Father remains liable for room and board. |
Key Cases Cited
- McKay v. McKay, 644 N.E.2d 164 (Ind. Ct. App. 1994) (repudiation allows relief from college expenses for an adult child)
- Norris v. Pethe, 833 N.E.2d 1024 (Ind. Ct. App. 2005) (repudiation evidenced by explicit desire to have no relationship)
- Bales v. Bales, 801 N.E.2d 196 (Ind. Ct. App. 2004) (repudiation as defense to educational support)
- Lovold v. Ellis, 988 N.E.2d 1144 (Ind. Ct. App. 2013) (standard for reviewing repudiation findings)
- Fairway Developers, Inc. v. Marcum, 832 N.E.2d 581 (Ind. Ct. App. 2005) (unclean-hands doctrine in equitable relief)
- Winslow v. Fifer, 969 N.E.2d 1087 (Ind. Ct. App. 2012) (inherent authority to sanction civil contempt)
- Crowl v. Berryhill, 678 N.E.2d 828 (Ind. Ct. App. 1997) (court enforcement of orders; contempt authority)