Appeals Court Affirms Order Modifying Child Support Based on Emancipation and Voluntary Underemployment

L.T. (Mother) appeals the trial court’s modification of the child support order between her and E.T. (Father). She argues that the trial court committed procedural errors when it (1) conducted summary proceedings and (2) adopted Father’s proposed findings of fact and conclusions of law. She also argues that the trial court erred when it (1) considered Father’s motion to modify child
support; (2) considered her potential income; (3) treated Father as the custodial parent and ordered both parties to share the controlled expenses equally; (4) did not prorate the weekly health insurance premium paid for by Father; (5) calculated one child’s “weeks at home”; and (6) transferred control of the 529 Plans to Father. Finding no error, we affirm.

Facts

Father and Mother married on May 6, 1995. Two children were born of their marriage: H.T., born on August 9, 1997, and S.T., born on September 24, 1999. On December 6, 2002, Mother filed a petition for dissolution of marriage.  In 2004, the trial court granted the parties joint legal custody of their children and granted Mother physical custody. The trial court ordered Father to pay child support of $429 per week.

On April 26, 2006, following a motion to modify child custody filed by Father, the trial court modified child custody, granting sole legal custody to Father and ordering the parties to share equal parenting time. The trial court granted Father parenting time credit and modified his child support payments to $387 Court of Appeals of Indiana | Memorandum Decision 44A03-1703-DR-485 | August 24, 2017 Page 3 of 24 per week. In its order, the trial court noted that “both parties previously delegated their parental authority, in loco parentis” to “The Panel.” 1 Appellant’s App. Vol. II p. 92. The trial court found the following regarding the panel and guardian ad litem: . . .

For the full text of the opinion, please click the link below:

http://www.in.gov/judiciary/opinions/pdf/08241701jgb.pdf

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