DeMichieli v. DeMichieli

585 N.E.2d 297, 1992 Ind. App. LEXIS 81, 1992 WL 11131
CourtIndiana Court of Appeals
DecidedJanuary 29, 1992
Docket49A02-9101-CV-33
StatusPublished
Cited by18 cases

This text of 585 N.E.2d 297 (DeMichieli v. DeMichieli) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DeMichieli v. DeMichieli, 585 N.E.2d 297, 1992 Ind. App. LEXIS 81, 1992 WL 11131 (Ind. Ct. App. 1992).

Opinions

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

William P. DeMichieli (“William”) appeals from a judgment for Marsha Anne DeMichieli (“Marsha”) on her motion to show cause and her amended motion to show cause following a January 19, 1982 final decree of dissolution and distribution of marital assets. We affirm in part, reverse in part, and remand.

ISSUES

1. Did the trial court err in denying William’s motion to dismiss and in finding William in contempt for failing to comply with the decree of dissolution?

2. Did the trial court err in enforcing the property division award which gave Marsha a twenty-five percent (25%) interest in William’s Datsun dealership stock?

3. Did the trial court err in failing to credit non-conforming payments made by William?

4. Did the trial court err in ordering William to pay the costs of his children’s college educations and in ordering him to pay the future educational costs of his son?

5. Did the trial court err in ordering William to pay Marsha’s attorney’s fees and expenses?

6. Did the trial court err in assessing prejudgment interest?

FACTS

William and Marsha’s marriage was dissolved by decree entered January 19, 1982. The couple had two children from this marriage, William Todd (“Todd”), born November 9, 1961, and Laura Ann (“Laura”), born March 28, 1966. As found in the trial court’s “FINDINGS OF FACT CONCLUSIONS OF LAW AND ENTRY OF JUDGMENT,” the relative paragraphs of the dissolution decree before the court upon Marsha’s motion to show cause are:

“a. Paragraph 3 awarding Fifty Dollars ($50.00) per week child support for the minor child, Laura.
b. Paragraph 4 obligating father to pay the sum of Thirty-five Hundred Dollars ($3,500.00) per year [One Thousand Seven Hundred Fifty Dollars ($1,750.00) per semester] beginning with the 1982-1983 school year toward the college and edu[300]*300cational expenses of William Todd for each year in which which William Todd is enrolled in an accredited college or university and is successfully pursuing an undergraduate degree.
c. Paragraph 5 providing that if Laura attends college the father shall pay the same as ordered for William Todd.
d. Paragraph 12 ordering father to pay over to the mother immediately Two Thousand Four Hundred Twenty-Six Dollars ($2,426.00) for education costs created between May 18, 1981, and January 19, 1982 and an additional Four Hundred Dollars ($400.00) for a total judgment of $2,826.00.
e. Paragraph 13 obligating father to tender to the Court stock certificates for the purpose of having security interests affixed thereon showing the lien of mother of said stock as a secured party, the Court having awarded mother an amount equal to twenty-five percent (25%) interest in such stock.
f. Paragraph 14 obligating father to pay to the mother Seventeen Thousand One Hundred Dollars ($17,100.00) [child support] within thirty (30) days. In the event this amount was unpaid in thirty (30) days it was to become a judgment in her favor.
g. Paragraph 15 awarding mother Twenty Thousand Dollars ($20,000.00) as her remainder interest in the equity of the marital assets dissipated by the father, said amount to be paid within thirty (30) days of the date of the decree.
h. Paragraph 16 obligating the father to pay the mother’s attorney, Berton W. O’Bryan the sum of One Thousand Seven Hundred Twenty-five Dollars ($1,725.00) within thirty (30) days of the granting of the decree.”

Record at 91-92.

William failed to pay the children’s educational expenses as ordered in the 1982 dissolution decree. However, he did provide Todd and Laura with various cars from the car dealership in which he owns an interest, and he continued to make child support payments of $50.00 per week after Laura reached majority. Thus, William overpaid in the amount of $1,840.00.

Finding that William has failed to comply with various portions of the 1982 dissolution decree provision, the trial court pursuant to Marsha’s motion to show cause entered the following judgment on October 2, 1990:

“1. Father, William P. DeMichieli, is in contempt of this Court for failure to comply with orders set out in the Decree of dissolution entered January 19, 1982.
2. The following judgments are entered against William P. DeMichieli in favor of Marsha Ann [sic] DeMichieli:
A. $1,750.00 for Todd’s one semester at IUPUI with interest beginning September, 1984;
B. $3,410.00 for Laura’s education ($1,750.00 with interest beginning September, 1985; $1,750.00 with interest beginning January, 1986, $1,750.00 with interest beginning September, 1986. Less credit of $1,840.00 [overpayment of child support] for a net judgment of $3,410.00.) Said $3,410.00 net judgment shall bear interest as follows: $1,660.00 beginning January, 1986 and $1,750.00 beginning September, 1986.
C. $1,826.00 for balance of judgment in Decree with interest beginning January, 1982.
D. $6,250.00 for William P. DeMichie-li’s share of Datsun stock with interest beginning January, 1982. [25% of $25,-000.00 plus interest],
E. $17,100.00 for child support with interest beginning February 1982.
F. $20,000.00 property division with interest beginning February 18, 1982.
G. $2,800.00 attorney’s fees with interest beginning October, 1990.
3. The following judgment is entered against William P. DeMichieli in favor of Berton W. O’Bryan:
A. $1,725.00 plus interest beginning February 18, 1982.
B. $3,920.00 plus interest beginning October, 1990.”

Record at 96-97. Further, the trial court ordered William to pay Fifteen Hundred Dollars ($1,500.00) for each of the three [301]*301semesters Todd had remaining to complete to obtain his degree.

It is from this judgment William appeals.

DISCUSSION AND DECISION

Because the trial court, as requested, made specific findings of fact and conclusions of law, we are bound to review them under the following standard: we first must determine whether the evidence supports the findings; we then determine whether the findings support the judgment. Porter County Board of Zoning Appeals v. Bolde (1988), Ind.App., 530 N.E.2d 1212, 1215. The judgment of the trial court will be affirmed if we conclude that the special findings support the judgment and are not clearly erroneous. ITT Industrial Credit Co. v. R.T.M. Development Co. (1987), Ind. App., 512 N.E.2d 201, 203. A judgment is clearly erroneous where a review of the record leaves us with a firm conviction that a mistake has been made. Porter County, 530 N.E.2d at 1215.

Issue One

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DeMichieli v. DeMichieli
585 N.E.2d 297 (Indiana Court of Appeals, 1992)

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Bluebook (online)
585 N.E.2d 297, 1992 Ind. App. LEXIS 81, 1992 WL 11131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/demichieli-v-demichieli-indctapp-1992.