Tracy K. Barber v. Amy Henry
2016 Ind. App. LEXIS 182
| Ind. Ct. App. | 2016Background
- Father and Mother (a DO physician) share legal custody of S.B.; Mother has sole physical custody. A 2001 Kentucky order set Father’s child support at $230/month.
- Mother reduced and then ceased medical employment (stopped Dec. 2014) to care for three sons, two of whom have autism and require extensive therapy; one son (S.B.) was placed on juvenile probation after an incident.
- Mother filed to register/transfer the Kentucky order and to modify child support and sought reimbursement of expenses related to S.B.’s juvenile matter; Father responded and later agreed in a Partial Agreed Order that he would reimburse certain expenses and participate in court-ordered therapy/reunification steps.
- Trial court (Warrick County) registered the foreign order, imputed minimum-wage income to Mother for child support calculation, set Father’s weekly support at $262, and ordered Father to reimburse half of Mother’s incurred expenses ($14,140.46).
- Father appealed, challenging (1) the imputation of minimum wage to Mother despite her medical background and prior income, and (2) the court’s award of reimbursement (including contested attorney-fee amounts).
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| Whether imputing minimum-wage income to Mother was proper | Mother argued her unemployment was justified by her children’s special needs and court-ordered care; imputation not required | Father argued Mother has prior physician income (~$150,000+) and chose not to work given spouse’s income, so higher income should be imputed | Court upheld imputing minimum wage: Mother’s unemployment found not voluntar[y] to avoid support; imputation within court discretion |
| Whether Father must reimburse Mother for expenses incurred before modification filing (including attorney fees) | Mother sought reimbursement for medical, counseling, evaluation, tutoring, and other expenses incurred related to S.B.’s juvenile case (and listed civil attorney fees) and relied on Partial Agreed Order reserving reimbursement issue | Father argued initial Kentucky order contained no such expense obligation and challenged reasonableness and detail (esp. attorney fees) | Court held Father waived challenge to liability by agreeing in Partial Agreed Order; affirmed reimbursement for non-attorney expenses but reversed as to civil attorney fees and remanded to allocate fees attributable specifically to the protective-order matter |
Key Cases Cited
- Taylor v. Taylor, 42 N.E.3d 981 (Ind. Ct. App. 2015) (standard of review for child support is abuse of discretion)
- Hooker v. Hooker, 15 N.E.3d 1103 (Ind. Ct. App. 2014) (abuse-of-discretion/clear-error review and deference to trial court’s family findings)
- MacLafferty v. MacLafferty, 829 N.E.2d 938 (Ind. 2005) (importance of first-person observation in family law decisions)
- Matter of Paternity of Buehler, 576 N.E.2d 1354 (Ind. Ct. App. 1991) (imputing income for voluntary unemployment/underemployment)
- Homsher v. Homsher, 678 N.E.2d 1159 (Ind. Ct. App. 1997) (factors for imputing income: work history, qualifications, local opportunities)
- In re Paternity of Pickett, 44 N.E.3d 756 (Ind. Ct. App. 2015) (trial court may impute income even when unemployment not to avoid support)
- In re Paternity of M.R.A., 41 N.E.3d 287 (Ind. Ct. App. 2015) (child support orders in paternity matters are subject to modification provisions)