Eppler v. Eppler

837 N.E.2d 167, 2005 Ind. App. LEXIS 2132, 2005 WL 3030783
CourtIndiana Court of Appeals
DecidedNovember 14, 2005
Docket79A02-0501-CV-35
StatusPublished
Cited by14 cases

This text of 837 N.E.2d 167 (Eppler v. Eppler) 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
Eppler v. Eppler, 837 N.E.2d 167, 2005 Ind. App. LEXIS 2132, 2005 WL 3030783 (Ind. Ct. App. 2005).

Opinions

OPINION

MATHIAS, Judge.

Edwin ("Husband") and Jane ("Wife") Eppler's marriage was dissolved in Tippecanoe Superior Court. Husband appeals the trial court's dissolution order and raises several issues, which we restate as:

I. Whether the trial court abused its discretion when it calculated Husband's child support obligation;
II. Whether the trial court abused its discretion in calculating Wife's financial obligation under the Six Percent Rule;
Whether the trial court abused its discretion when it ordered Husband to pay one hundred percent of the children's counseling ex'penses; IH.
IV. Whether the trial court abused its discretion when it ordered Husband to pay one hundred percent of the children's future college expenses;
V. Whether the trial court abused its discretion when it refused to order Wife to release to Husband the state and federal dependent tax exemptions for the children; and,
VI. Whether the trial court erred when it ordered Husband to return certain personal property to Wife.

Concluding that Husband has failed to establish reversible error with regard to child support, medical and college expenses, and tax exemptions, but that the trial court erred when it ordered Husband to return property to Wife that she had abandoned, we affirm in part, reverse in part and remand for proceedings consistent with this opinion.

Facts and Procedural History

Husband and Wife were married on May 12, 1991. Three children were born to the marriage: H.E., born December 15, 1993, E.E., born April 26, 1996, and D.E., born September 25, 1997. Husband is an emergency room physician. Wife owns her own business and is the primary caregiver for the children. Wife filed a Petition for Dissolution of Marriage on December 6, 2002. Hearings were held on Wife's petition on July 8, July 14, and August 24, 2004. Prior to those hearings, Husband [170]*170requested findings of fact and conclusions of law.

The trial court issued its findings of fact and conclusions of law on December 29, 2004, and found in pertinent part:

Findings of Fact
13. Husband is currently earning gross pay from Lafayette Emergency Care, P.C. of $280,000 per year. The Court determines his gross income for the past three years to have averaged $6350.00 per week.
*t * *
15. Wife, who has a college degree in communications from Gonzaga University, is employed by All Fired Up!, Inc., a Sub Chapter S Corporation, in which Wife is the sole shareholder. The Court imputes weekly gross income of $400.00 to Wife.
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32. Prior to the date of separation, Husband set up section 529 college accounts for the children from marital funds. These college accounts are invested with American Funds and amount to approximately $26,000.00 per child.
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48. During the pendency of these proceedings, the parties divided up certain personal property. However, when Wife vacated the marital home on or about June 17, 2008, she left a variety of items at the marital home. Husband did not take possession of any of these items left in the marital home and the Court finds that those items of personal property left by the parties are deemed to have been abandoned by the parties and have no value.
49. Wife is seeking return of the following personal property from Husband:
All of Wife's summer clothes
All of Mary Hoyt's [summer [ellothes
Wife's jewelry, including 3 Tiffany bracelets, Tiffany earrings, and Tiffany necklace
Elliptical workout machine
All seasonal decorations
All children's toys
Handmade art work
Wife's Prince tennis racket
All Wife's personal identification documents, including Social Security card, passport, birth certificate, and college transcripts.
The children's documents, including birth certificates, Social Security cards, and shot records.
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53. The evidence showed that Wife and her family supported the parties when Husband was obtaining his medical school education and throughout his residency prior to starting his professional practice.
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56. The evidence showed that Husband has historically earned 95% to 100% of the family income and has a present and future superior earning ability over Wife. Until the start of All Fired Up! Inc., Wife was a stay-at-home mom.
Conclusions of Law
5. Having considered the above findings, as well as the ages and sexes of the children; the wishes of the parents; the interrelationships and interaction of the parents with each other and with their children; and the physical and mental health of all individuals involved; the Court finds that it is in the best interests of the children to be in the legal custody of Wife, with Husband having visitation pursuant to the Indiana Par[171]*171enting Time Guidelines and as otherwise agreed upon by the parties.
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7. Husband's work schedule does not allow every other weekend to be available for visitation. The children need frequent, regular contact with both parents. The children will be made available to Husband for mid week overnights equivalent to the weekend overnights called for in the Parenting Time Guidelines, in addition to day and/or evening visits.
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11. The minor children shall continue in counseling with Dr. Judith Anderson as recommended by Dr. Anderson. Husband shall be responsible for payment to Dr. Anderson of any amounts not covered by insurance.
12. Based upon the Indiana Child Support Guidelines, the financial circumstances of the parties, and the needs of the children, the Court finds that Husband should and shall pay child support in the sum of $900.00 per week to the Clerk of Tippecanoe County for remittance to Wife, for the benefit of the parties minor children.... As shown by the Child Support Obligations Worksheet attached as Exhibit "A", by strictly following the Child Support Guidelines, child support would be fixed in the approximate sum of $625.00 per week.

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Eppler v. Eppler
837 N.E.2d 167 (Indiana Court of Appeals, 2005)

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Bluebook (online)
837 N.E.2d 167, 2005 Ind. App. LEXIS 2132, 2005 WL 3030783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eppler-v-eppler-indctapp-2005.