In Re the Marriage of Baker

550 N.E.2d 82, 1990 Ind. App. LEXIS 125, 1990 WL 12711
CourtIndiana Court of Appeals
DecidedFebruary 12, 1990
Docket53A01-8910-CV-402
StatusPublished
Cited by19 cases

This text of 550 N.E.2d 82 (In Re the Marriage of Baker) 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
In Re the Marriage of Baker, 550 N.E.2d 82, 1990 Ind. App. LEXIS 125, 1990 WL 12711 (Ind. Ct. App. 1990).

Opinions

ROBERTSON, Judge.

This appeal stems from an order of the Monroe Superior Court which, for the see-ond time, modified the terms of the decree of dissolution between the parties. Appellant Baker challenges the trial court's authority to allocate the federal income tax dependency exemption. She also contends the trial court erred in failing to find a support arrearage and in ordering an inadequate amount of support.

We affirm in part and reverse in part.

I.

In the original decree entered June 19, 1979, the dissolution court awarded the federal tax exemption for the eldest of the parties' two sons to Baker while permitting appellee Montaperto, the noncustodial parent, to claim the younger son, Mark, as a dependent. The order appealed from alters this arrangement slightly. It provides that so long as David is enrolled in college, the parties shall share the tax exemptions for their sons; thereafter, the right to claim the exemption for Mark will alternate between the parties with Montaperto claiming in tax year 1992 and Baker in 1993.

Baker maintains that Indiana trial courts no longer possess the authority to allocate the federal income tax exemption provided by Congress in 26 U.S.C. § 151. Relying upon this district's decision in In re Marriage of Davidson (1989), Ind.App., 540 N.E.2d 641, Baker contends that with the amendment of 26 U.S.C. § 152(e) in 1984,1 federal law's distribution of the exemption to the custodial parent supersedes contrary state court allocations absent a written [84]*84waiver from the custodial parent or compliance with certain other narrow exceptions.

Montaperto argues that Davidson lacks the binding precedential effect Baker would accord it because the second district of this court explicitly approved a similar order entered after the 1984 amendment with the proviso that the noneustodial parent still must obtain the written waiver to be eligible to claim the exemption. See Blickenstaff v. Blickenstaff (1989), Ind.App., 539 N.E.2d 41.

Blickenstaff conflicts with Davidson insofar as Blickenstaff holds it is not an abuse of discretion, and hence, not reversible error, to award a post-January 1, 1985 dependency exemption. The decisions are not totally irreconcilable, however, because Blickenstaff, which necessarily recognizes that Indiana trial courts may consider the financial impact of an allocation of the exemption, cf. also, Davidson, 540 N.E.2d at 648, skirts the issue of whether an Indiana trial court can effectuate its allocation of the exemption by compelling the custodial parent to execute a written waiver meeting the requirements of § 152(e)(2) of the code. Thus, both decisions implicitly accept, apart from the matter of federal preemption, that the General Assembly has vested Indiana trial courts with both subject matter jurisdiction and statutory authorization to determine which parent should be entitled to claim the exemption, and that Indiana trial courts retain the inherent equitable power to enforce their decrees. See, Hoyle v. Hoyle (1985), Ind.App., 473 N.E.2d 653, 656, Morphew v. Morphew (1981), Ind.App., 419 N.E.2d 770 and Corbridge v. Corbridge (1951), 230 Ind. 201, 102 N.E.2d 764.

With this proposition, we fully agree. Where we diverge from Davidson is with the court's assumption that the amendment of § 152(e) necessarily leads to the conclusion that federal law divested state courts of jurisdiction to determine which party may claim the exemption.

Family law is a matter of peculiarly local concern. De Sylva v. Ballentine (1956), 351 U.S. 570, 580, 76 S.Ct. 974, 979, 100 L.Ed. 1415. Indeed, the whole subject of domestic relations between husband and wife belongs to the laws of the states and not to the laws of the United States. Rose v. Rose (1987), 481 U.S. 619, 625, 107 S.Ct. 2029, 2033, 95 L.Ed.2d 599; McCarty v. McCarty (1981), 453 U.S. 210, 221, 101 S.Ct. 2728, 2735, 69 L.Ed.2d 589 citing In re Burrus (1890), 136 U.S. 586, 593-594, 10 S.Ct. 850, 852-53, 34 L.Ed. 500. Consequently, when the courts face a potential conflict between state domestic relations law and federal law, and the question arises whether Congress, empowered by the Supremacy Clause of Art. VI., cl. 2 of the Constitution, has acted to displace state law, preemption is not to be lightly presumed.

The United States Supreme Court instructs that review under the Supremacy Clause is limited to a determination of whether Congress has "positively required by direct enactment" that state law be preempted. Rose, 481 U.S. at 625, 107 S.Ct. at 2033; Wetmore v. Markoe (1904), 196 U.S. 68, 77, 25 S.Ct. 172, 175, 49 L.Ed. 390. A mere conflict in words is not sufficient. State family law must do "major damage" to "clear and substantial" federal interests before the Supremacy Clause will demand that state law be overridden. Hisquierdo v. Hisquierdo (1979), 439 U.S. 572, 582, 99 S.Ct. 802, 808, 59 L.Ed.2d 1; Rose, 481 U.S. at 625, 107 S.Ct. at 2033. Analysis of the issue involves a two-fold inquiry: whether the state law as asserted conflicts with the express terms of federal law and whether its consequences sufficiently injure the objectives of the federal program to require its nonrecognition.2

The section at issue does not speak directly to the power of state divorce courts to order a transfer of the deduction. It contains no express statutory directive prohibiting the exercise of state power or limiting the role of the states solely to one of [85]*85evaluating the financial impact of the federal enactment.3

The jurisdictional distinction between evaluation and effectuation finds no implie-it support in the section as a whole either. Even before its amendment in 1984, § 152(e) favored the custodial parent with the exemption by general rule. What changed was the evidentiary showing necessary to rebut the presumption that the custodial parent provided over one-half of the dependent child's support. Prior to its 1984 amendment, the act provided a noncustodial parent two avenues. The parent could either demonstrate that he or she contributed at least $1200 and over one-half of the child's support or the noncustodial parent could produce a judicial decree entitling him or her to the deduction and establish a contribution of at least $600 toward the dependent's support. Hence, the act expressly acknowledged the influence of state substantive law. Congressional recognition of state court power to effect claims for the deduction is retained in § 152(e)(4). The enactment continues to permit noncustodial parents divorced prior to January 1, 1985 to prove entitlement by the previous method.

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In Re the Marriage of Baker
550 N.E.2d 82 (Indiana Court of Appeals, 1990)

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Bluebook (online)
550 N.E.2d 82, 1990 Ind. App. LEXIS 125, 1990 WL 12711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-baker-indctapp-1990.