FILED MEMORANDUM DECISION Jun 23 2016, 8:44 am
CLERK Pursuant to Ind. Appellate Rule 65(D), Indiana Supreme Court Court of Appeals this Memorandum Decision shall not be and Tax Court
regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.
ATTORNEYS FOR APPELLANT ATTORNEY FOR APPELLEE Paul L. Jefferson Lauren E. Harpold Caroline E. Richardson Ruppert & Schaefer, P.C. Jefferson & Brewer, LLC Indianapolis, Indiana Indianapolis, Indiana
IN THE COURT OF APPEALS OF INDIANA
J.S., June 23, 2016 Appellant-Respondent, Court of Appeals Case No. 49A02-1509-DR-1515 v. Appeal from the Marion Superior Court W.K., The Honorable Kimberly D. Appellee-Petitioner Mattingly, Magistrate Trial Court Cause No. 49D05-1111-DR-42077
Crone, Judge.
Court of Appeals of Indiana | Memorandum Decision 49A02-1509-DR-1515 | June 23, 2016 Page 1 of 18 Case Summary [1] J.S. (“Father”) and W.K. (“Mother”) were married for twenty-one years and
have four children. Upon dissolution of their marriage, the parties agreed that
they would proportionally financially support their children. Father has not
upheld his part of this bargain, and the ongoing litigation as a result is an
unfortunate illustration of the vexatiousness that can permeate post-dissolution
cases involving the financial support of children. Father now appeals the trial
court’s order in favor of Mother on her (1) petition to modify child support and
notice of emancipation, (2) verified rule to show cause, (3) motion to compel
discovery, (4) verified petition for contempt and notice of pending issues, and
(5) motion to compel filed May 1, 2015. 1 We affirm the trial court in all
respects.
Facts and Procedural History [2] The parties were married on May 12, 1991, and the trial court entered a decree
dissolving the marriage and approving the parties’ settlement agreement on
June 18, 2012. 2 Four children were born of the marriage: L.S., R.S., S.S., and
1 Although the trial court’s findings of fact state that Mother’s motion to compel was filed on April 30, 2015, the record reveals that her motion to compel was actually filed on May 1, 2015. 2 We note that neither party apparently included the dissolution decree or subsequent settlement agreements in the record on appeal. Although not crucial, it would have been extremely helpful for this Court to have those documents for our review.
Court of Appeals of Indiana | Memorandum Decision 49A02-1509-DR-1515 | June 23, 2016 Page 2 of 18 C.S. (collectively “the Children”). L.S. and R.S. are now emancipated by
operation of statute.
[3] On July 30, 2013, Mother filed a verified motion for modification of child
support and notice of emancipation. On December 8, 2014, the trial court
approved the parties’ partial settlement agreement with respect to Father’s child
support arrearage and future child support payments. Then, in March 2015,
Mother filed a verified supplemental petition for contempt and notice of
pending issues. Father filed his response denying Mother’s claims. The trial
court held the first of two evidentiary hearings on pending issues on March 9,
2015. Following that hearing, Mother served supplemental discovery requests
on Father. Father responded to the discovery on April 23, 2015, but rather than
answering the questions, Father objected to nearly every question. Thus, on
May 1, 2015, Mother filed a motion to compel discovery and for sanctions.
The trial court held a second evidentiary hearing on May 4, 2015, and took the
pending matters under advisement.
[4] Thereafter, the trial court entered its findings of fact, conclusions thereon, and
order concluding in relevant part that: (1) Father owes Mother $50,984.51 for
his portion of the Children’s extraordinary expenses, including but not limited
to college expenses, advanced by Mother for the benefit of the Children
beginning in 2012 through April 2015; (2) Father is in contempt of court for his
violation of the December 8, 2014, agreement regarding the payment of child
support, his violation of the dissolution decree regarding the payment of the
Court of Appeals of Indiana | Memorandum Decision 49A02-1509-DR-1515 | June 23, 2016 Page 3 of 18 Children’s college expenses, and his failure to comply with the Court’s order
regarding discovery; and (3) Father owes Mother $32,425 in attorney’s fees.
[5] Father filed a motion to correct error, which was deemed denied pursuant to
Indiana Trial Rule 53.3(A). This appeal ensued. We will provide additional
facts in our discussion when necessary.
Discussion and Decision [6] We begin by observing that, at Mother’s request, the trial court entered written
findings of fact and conclusions thereon pursuant to Indiana Trial Rule 52(A).
In such cases, we apply a two-tiered standard of review. Marion Cnty. Auditor v.
Sawmill Creek, LLC, 964 N.E.2d 213, 216 (Ind. 2012). “We first determine
whether the evidence supports the findings then whether the findings support
the judgment. Courts of appeal ‘shall not set aside the findings or judgment
unless clearly erroneous.’” Id. (quoting Ind. Trial Rule 52(A)). In making our
determination, we neither reweigh evidence nor reassess witness credibility, and
we view the evidence in the light most favorable to the judgment. Best v. Best,
941 N.E.2d 499, 502 (Ind. 2011). Moreover, we may affirm the judgment on
any legal theory supported by the findings if that theory is consistent with all of
the trial court’s findings of fact and the inferences reasonably drawn from the
findings, and if we deem such a decision prudent in light of the evidence
presented at trial and the arguments briefed on appeal. Bertholet v. Bertholet, 725
N.E.2d 487, 495 (Ind. Ct. App. 2000). “Appellate deference to the
determinations of our trial court judges, especially in domestic relations
Court of Appeals of Indiana | Memorandum Decision 49A02-1509-DR-1515 | June 23, 2016 Page 4 of 18 matters, is warranted because of their unique, direct interactions with the
parties face-to-face, often over an extended period of time.” Best, 941 N.E.2d at
502. Thus, the party challenging a trial court’s findings labors under a heavy
burden. In re Guardianship of B.H., 770 N.E.2d 283, 288 (Ind. 2002).
Section 1 – The trial court did not clearly err in ordering Father to pay $50,984.51 for his portion of the Children’s extraordinary expenses. [7] Each party agrees that, in addition to providing for the allocation of college
expenses between the parties, the dissolution agreement and subsequent
settlement agreements specifically provided for the allocation of the children’s
“extracurricular activity expenses” or what may be referred to as “extraordinary
expenses.” Appellant’s App. at 14. 3 At trial, Mother submitted evidence of
approximately $96,000 that she claimed to have incurred for the Children’s
extraordinary expenses dating back to 2012 that were not proportionally
reimbursed by Father. Father disputed some of those claimed expenses and
argued that he had incurred approximately $50,000 in his own extraordinary
3 Indiana Child Support Guideline 8 describes “Other Extraordinary Expenses” as “expenses of an ‘optional’ nature such as costs related to summer camp, soccer leagues, scouting and the like. When both parents agree that the child(ren) may participate in optional activities, the parents should pay their pro rata share of these expenses.” The parties here did not include the dissolution decree or their settlement agreements in the material submitted on appeal. However, it appears that they specifically agreed to share expenses for “[s]ports, dance, musical groups, theater, costuming, shoes, special school events, including uniforms, travel, language classes, Hebrew School, Sunday School, Bat mitzvah expenses, car expense, car repairs, car insurance, car payment.” Tr. at 71-72. It also appears that they agreed to share expenses for additional extracurricular activities after at least some notice or consultation with each other. Id. at 74-75. The record indicates that Father’s agreed share of the children’s extraordinary expenses was initially 70%, but was changed to 80% as of July 31, 2013. Id. at 210; Appellant’s App. at 12.
Court of Appeals of Indiana | Memorandum Decision 49A02-1509-DR-1515 | June 23, 2016 Page 5 of 18 expenses for the Children. He submitted receipts and proof of payment for
some but not all of his claimed expenses. Based upon evidence and
documentation exchanged between the parties during these proceedings,
Mother credited Father for $21,794.88 of expenses, resulting in her then
claiming $77,198.08 of incurred extraordinary expenses. The evidence
supporting Mother’s claimed expenses consisted of hundreds of pages of
receipts and proof of payment, as well as Mother’s sworn testimony.
[8] Here, the trial court did not make a specific finding on each expense credited or
not credited to either party, and contrary to Father’s assertion, it was not
required to do so. Therefore, we may affirm on any legal theory supported by
the evidence. Father does not challenge the trial court’s award of all of
Mother’s claimed expenses, but he argues on appeal that “there are at least
$30,000 of expenses Mother was allowed to recover but should not have.”
Appellant’s Reply Br. at 8. Father further argues that the trial court erred in
failing to “consider Father’s legitimate expenses” and to credit him for those.
Id.
[9] The entirety of Father’s argument is simply a request for this Court to reweigh
the evidence, which we may not do. Father essentially claims that the trial
court erred in determining that certain expenses claimed by Mother qualified as
extraordinary expenses and that certain expenses claimed by Father did not.
Father also appears to challenge the trial court’s determination of which
expenses were worthy of credit to either party and which were not. However,
these determinations were within the sound discretion of the trial court, and we
Court of Appeals of Indiana | Memorandum Decision 49A02-1509-DR-1515 | June 23, 2016 Page 6 of 18 will not second-guess those determinations. Much of the evidence presented by
the parties to support their respective expenses was highly contested. It was the
trial court’s prerogative to weigh that evidence. Pursuant to our standard of
review, we will consider only the evidence favorable to the trial court’s
judgment. After a thorough review of the record presented to us, we conclude
that there is ample evidence to support the trial court’s findings regarding
extraordinary expenses and that those findings support the judgment.
[10] We remind the parties that neither the trial court nor this Court should be in the
business of using valuable judicial time and resources to resolve all minor
disputes concerning the numerous expenses associated with raising these
children. The parties had an agreement in place, and the trial court has simply
enforced that agreement based upon the evidence that it found to be credible.
Father admits that he failed to pay his proportionate share of the agreed upon
extraordinary expenses for a significant period of time, and he now asks for us
to send this case back to the trial court to address the minutia line-by-line. We
will not. Again, contrary to Father’s assertions, the trial court’s findings need
not address and justify each claimed expense. There is sufficient evidence in
the record to support the trial court’s finding that Father should reimburse
Mother $50,984.51 for his portion of the Children’s extraordinary expenses.
Father has not demonstrated that the trial court’s order is clearly erroneous.
Court of Appeals of Indiana | Memorandum Decision 49A02-1509-DR-1515 | June 23, 2016 Page 7 of 18 Section 2 – The trial court did not abuse its discretion in finding Father in contempt. [11] Father next asserts that the trial court abused its discretion in finding him in
contempt of court. Specifically, the trial court found Father in contempt for
violating the December 8, 2014, agreement regarding the payment of child
support, violating the dissolution decree regarding the payment of college
expenses, and failing to comply with the court’s order regarding discovery. 4
[12] “The determination of whether a party is in contempt of court is generally a
matter within the sound discretion of the trial court.” Kahn v. Baker, 36 N.E.3d
1103, 1114 (Ind. Ct. App. 2015), trans. denied. Indirect contempt, or civil
contempt, is the willful disobedience of any lawfully entered court order of
which the offender has notice. Winslow v. Fifer, 969 N.E.2d 1087, 1093 (Ind. Ct.
App. 2012), trans. denied (2013). Where, as here, the trial court has entered
findings of fact and conclusions of thereon, we must determine whether the
findings and conclusions are sufficient to support the judgment that Father was
in contempt of the court’s orders. See Kahn, 36 N.E.3d at 1114. We will not
reverse a trial court’s contempt finding unless there is no evidence or inference
therefrom to support it. City of Gary v. Major, 822 N.E.2d 165, 170 (Ind. 2005).
4 Although not specifically listed under the “Contempt of Court” section of the trial court’s findings, we note that the trial court also found Father in contempt for violating the dissolution decree regarding the payment of the Children’s extraordinary expenses, and uninsured medical, dental, optometric, orthodontic, psychological, and prescriptive expenses. Appellant’s App. at 10, 15-16.
Court of Appeals of Indiana | Memorandum Decision 49A02-1509-DR-1515 | June 23, 2016 Page 8 of 18 [13] First, the trial court found Father “in contempt for violation of the December 8,
2014 Agreement, by his failure to take necessary steps to direct checks to be
automatically withdrawn and/or to timely and regularly pay his child support
every other week so that it is received when due.” Appellant’s App. at 11.
Father claims that he established that the December 8, 2014, agreement
requiring automatic payments was impossible to comply with, and therefore his
violation of the agreement could not have been willful. Specifically, Father
makes much ado about his alleged inability to set up automatic payments
through his bank or the Marion County Child Support office. However, the
trial court did not accept this as an excuse for untimely payments, and neither
do we. As stated above, in addition to finding Father in contempt for failing to
make automatic payments, the trial court found Father in contempt for failing
to “timely” pay his child support, and Father does not dispute his consistent
and repeated failure to do so. Based upon the undisputed evidence in the
record supporting the trial court’s finding that Father failed to timely pay child
support to Mother, the trial court did not abuse discretion in finding Father in
contempt on this issue.
[14] Next, the trial court found in pertinent part:
22. Pursuant to paragraph 11 of the Decree, Mother and Father each agreed to contribute to each of the Children’s college education. The parties further agreed that in the absence of another agreement, Mother and Father would divide the Children’s college expenses based on the parties’ respective income percentages, which at the time of the divorce was 70%/Father, and 30%/Mother; and as of July 31, 2013 was
Court of Appeals of Indiana | Memorandum Decision 49A02-1509-DR-1515 | June 23, 2016 Page 9 of 18 recalculated to be 80%/Father and 20%/Mother.
23. Father was aware or should have been aware of the Court’s Order and his responsibility to pay his share of the Children’s college education based on the parties’ respective income percentages…. However, since the Decree, Father has failed to timely pay for his portion of the Children’s college expenses.
24. Rather than timely paying his share of the tuition Father required the Parties’ daughter [R.S.], to sign personal financial loans for her college tuition.
25. Father had the ability to timely pay his college expense obligations.
26. Father has failed to offer reliable evidence to justify his failure to timely pay his share of the Children’s college education expense.
27. Father is in contempt of Court for violation of the Decree by his failure to timely pay directly or reimburse Mother, for his portion of the Children’s college expenses.
Appellant’s App. at 11-12.
[15] Father challenges the trial court’s contempt finding on this issue by simply
stating that “at the time of the hearing, all of the children’s college tuition
payments were current.” Appellant’s Br. at 16. Again, Father dances around
the timeliness issue with numerous accusations and excuses, but he never
directly disputes the trial court’s determination that he indeed failed to timely
pay directly or reimburse Mother for his portion of the Children’s college
Court of Appeals of Indiana | Memorandum Decision 49A02-1509-DR-1515 | June 23, 2016 Page 10 of 18 expenses in violation of the dissolution decree. Under the circumstances,
Father has failed to demonstrate that the trial court abused its discretion.
[16] The trial court also found Father in contempt for failing to comply with the
court’s order on a motion to compel discovery. The trial court specifically
noted Father’s willful noncompliance with a 2014 court order on Mother’s
motion to compel discovery as well as Father’s ongoing failure to appropriately
respond to Mother’s supplemental discovery requests following the March 9,
2015, evidentiary hearing. In short, Father has refused, and continues to refuse,
to supply the trial court or Mother with information regarding his financial
condition and ability to pay. Indeed, the court found that Father provided only
“partial” responses to the ordered and requested discovery, and that those
responses were “inaccurate,” “misleading,” “deliberately evasive,” and
“incomplete.” Appellant’s App. 13.
[17] Father downplays this behavior by claiming that it “is not bad faith for counsel
to serve objections to discovery.” Appellant’s Br. at 22. Father further
maintains that because the trial court never specifically ordered him to comply
with Mother’s supplemental discovery requests, he cannot be found in
contempt for failing to comply with those requests. Father’s justification for his
continued noncompliance with discovery is not well taken. 5 We agree with
Mother that the supplemental discovery requests were essentially a renewed
5 The trial court noted its “utter dis[gust]” with Father’s counsel’s behavior and chastised him for the “gamesmanship” he has repeatedly exhibited regarding discovery. Tr. at 164.
Court of Appeals of Indiana | Memorandum Decision 49A02-1509-DR-1515 | June 23, 2016 Page 11 of 18 request for the same financial information sought by the court’s order on the
motion to compel, an order with which the trial court found that Father “has
still not complied.” Appellant’s App. at 13. The evidence supports the trial
court’s conclusion that Father willfully violated its 2014 order on the motion to
compel. Thus, the trial court did not abuse its discretion in finding Father in
contempt of court on that basis. The trial court’s findings and conclusions are
sufficient to support the judgment that Father was in contempt of the court’s
orders.
Section 3 – The trial court did not abuse its discretion in ordering Father to pay a portion of Mother’s attorney’s fees. [18] Lastly, Father asserts that the trial court erred in ordering him to pay $32,425 of
Mother’s attorney’s fees. Our review of the trial court’s findings reveal that the
order was based both on the trial court’s statutory authority pursuant to Indiana
Code Section 31-16-11-1(a) and its inherent authority to award attorney’s fees
for civil contempt. Specifically, the trial court concluded,
80. Mariellen Katzman and Jordyn Katzman McAfee of Katzman & Katzman, P.C. have represented Mother since September 29, 2014, and Leah Lotfalian has represented Mother since March 16, 2015, Ms. Katzman testified that she has represented Mother at a rate of $350.00 per hour and Ms. Lotifalian has represented Mother at a rate of $175.00 per hour.
81. Prior to September 29, 2014, Mother represented herself at a rate of $225.00 per hour.
Court of Appeals of Indiana | Memorandum Decision 49A02-1509-DR-1515 | June 23, 2016 Page 12 of 18 82. During the time Mother was self-represented, Mother incurred $7,425 as the reasonable cost for attorney fees and expenses.
83. Mother has incurred an additional $33,688.75 from September 29, 2014, through May 4, 2015 and in excess of said amount in attorney’s fees through the filing of these Proposed Findings of Fact and Conclusions of Law and Judgment.
84. Mother would not have incurred the fees and expenses associated in bringing Mother’s Contempt Petitions, but for Father’s Contempt of Court and failure to comply with the Decree. Additionally, pursuant to Indiana Trial Rule 37(A)(4), Mother should be awarded reasonable attorney fees and expenses associated in bringing Mother’s Motion to Compel.
85. The Court now finds that Mother is entitled to attorney fees in the amount of $7,425, as the reasonable cost for attorney fees and expenses incurred during the time she was self-represented, which is hereby reduced to judgment in favor of Mother and against Father.
86. By reason of Father’s multiple acts of contempt, he shall be ordered to compensate Mother for her litigation costs including attorney fees. Father is now therefore ORDERED to reimburse Mother $25,000 of Mother’s attorney’s fees and costs of litigation through May 4, 2015, which is hereby reduced to judgment in favor of Mother and against Father. The Court recognizes that this will not cover all of Mother’s attorney fees and litigation expenses, but rather a substantial portion of her fees.
Appellant’s App. at 21-22 (emphasis added).
Court of Appeals of Indiana | Memorandum Decision 49A02-1509-DR-1515 | June 23, 2016 Page 13 of 18 [19] Pursuant to Indiana Code Section 31-16-11-1, 6 a dissolution court has broad
discretion to impose attorney’s fees on either party to a child support
proceeding. Thompson v. Thompson, 868 N.E.2d 862, 870 (Ind. Ct. App. 2007).
The court may properly consider the respective resources of the parties, their
financial earning abilities, and “any other factors that bear on the
reasonableness of the award.” Id. A trial court is not required to give reasons
for its determination, and it need not explicitly weigh the foregoing factors.
Connolly v. Connolly, 952 N.E.2d 203, 208 (Ind. Ct. App. 2011). An attorney fee
award will be reversed only if it is clearly against the logic and effect of the facts
and circumstances before the court. Brown v. Brown, 776 N.E.2d 394, 397 (Ind.
Ct. App. 2002), trans. denied (2003).
[20] In addition, a trial court has inherent authority to award attorney’s fees for civil
contempt. Kahn, 36 N.E.3d at 1116. Indeed, no statutory sanction is needed,
as a court's power to enforce compliance with its orders and decrees duly
entered is inherent. Crowl v. Berryhill, 678 N.E.2d 828, 831 (Ind. Ct. App.
6 This section provides:
(a) The court periodically may order a party to pay a reasonable amount for:
(1) the cost to the other party of maintaining or defending any proceeding under this chapter,..; (2) attorney’s fees; and (3) mediation services;
including amounts for legal services provided and costs incurred before the commencement of the proceedings or after entry of judgment.
(b) The court may order the amount to be paid directly to the attorney, who may enforce the order in the attorney’s name. Ind. Code § 31-16-11-1.
Court of Appeals of Indiana | Memorandum Decision 49A02-1509-DR-1515 | June 23, 2016 Page 14 of 18 1997). Accordingly, apart from any statutory authority, a court has the
inherent authority to enforce its orders and to compensate the aggrieved party
for losses and damages resulting from another’s contemptuous actions. Id. at
832. We review the trial court's ruling on a contempt petition for an abuse of
discretion, and we will neither reweigh the evidence nor reassess the credibility
of witnesses. In re Paternity of Pickett, 44 N.E.3d 756, 771 (Ind. Ct. App. 2015).
We will affirm the trial court’s decision unless it is against the logic and
circumstances before it and we have a firm and definite belief that a mistake has
been made. Id.
[21] As stated above, the basis for the trial court’s award of attorney’s fees here is
twofold: (1) the trial court’s discretionary statutory authority to award fees in
family law matters, and (2) the trial court’s inherent authority to sanction a
party’s contempt. Mother, a licensed attorney, submitted a timesheet
supporting her hours spent when proceeding pro se prior to September 29,
2014. She testified that she spent thirty-three hours on “discovery matters” and
that her hourly rate was $225 per hour, resulting in a fee of $7425. Tr. at 167.
Mother’s attorneys also submitted detailed invoices for services rendered
between September 29, 2014, and May 4, 2015, totaling $33,688.75. Mother’s
lead counsel explained to the trial court,
I submitted an attorney fee affidavit and a supplemental attorney fee affidavit, and I would just say, uhm, you know, we’ve tried to do things expediently, inexpensively, it hasn’t worked. Uhm, the expenses that had been incurred had been roughly because [Father] has not been cooperative. Uh, we have gone to other lengths to get information from non-parties, to hunt down Court of Appeals of Indiana | Memorandum Decision 49A02-1509-DR-1515 | June 23, 2016 Page 15 of 18 witnesses and tried to seek other information, uhm, which has been costly.
Tr. at 211-12. Based upon the evidence presented, the trial court determined
that it was reasonable to order Father to pay Mother $32,425 in fees.
[22] While Father’s specific complaints on appeal about the trial court’s award of
attorney’s fees are far too numerous to repeat in detail, we note that Father’s
overriding complaint is that the court’s award is “unreasonable” and
unsupported by the evidence. Appellant’s Br. at 25. Father dedicates a
substantial portion of his appellate argument picking apart the submitted fee
statements, claiming that Mother failed to present evidence as to the
reasonableness of the rates charged, hours expended, and work required.
However, we find dispositive that during the trial court proceedings, Father did
not challenge the reasonableness of the fees or request a separate evidentiary
hearing relating to attorney fees. Father did not object in any way to the
submission of attorney fees in this matter, and he declined to cross-examine
Mother or her attorneys regarding their fees or billing practices.
[23] When a party fails to make an objection to the trial court, it cannot raise the
objection on appeal. Kelly v. Kravec, 999 N.E.2d 433, 442 (Ind. Ct. App. 2013).
A proper objection before the trial court permits the court to correct any errors
at that time. Davidson v. Bailey, 826 N.E.2d 80, 85 n. 6 (Ind. Ct. App. 2005).
We have previously held that the failure to object to the admission at trial of
evidence as to attorney’s fees constituted waiver of any contention on appeal
with respect to the correctness and accuracy of that evidence. Wilcox Lumber Co. Court of Appeals of Indiana | Memorandum Decision 49A02-1509-DR-1515 | June 23, 2016 Page 16 of 18 v. The Andersons, Inc., 848 N.E.2d 1169, 1171 (Ind. Ct. App. 2006). Because
Father did not object to the admission of the fee affidavits or the reasonableness
of the fees, he has waived appellate review of any argument challenging the
reasonableness of the fees.
[24] Waiver notwithstanding, in determining whether an attorney fee is reasonable,
“the trial court may consider such factors as the time, labor, and skill required
to perform the legal service, the amount involved and the results obtained, the
experience, reputation, and ability of the lawyer, and the fee customarily
charged in the locality for similar legal services.” Longest ex rel. Longest v. Sledge,
992 N.E.2d 221, 231 (Ind. Ct. App. 2013), trans. denied (2014); see also Ind. Rule
of Professional Conduct 1.5(a) (setting out factors for determining a reasonable
fee). We have observed that “the trial judge is considered to be an expert on the
question and may judicially know what constitutes a reasonable attorney's fee.”
Longest, 992 N.E.2d at 231. Given the detailed billing statements submitted
here, and the trial court’s proximity to and knowledge of counsel and these
proceedings, we conclude that the trial court did not abuse its discretion in
determining the reasonableness of the attorney’s fees it awarded to Mother.
[25] Father maintains that the trial court failed to properly evaluate the relationship
of the attorney’s fees “to the issues for which they were ordered.” Appellant’s
Br. at 5. Essentially, Father asserts that the trial court failed to properly sift
through the billing entries to determine which attorney’s fees were specifically
incurred by Mother based upon his contempt and which were not. Again, we
decline Father’s invitation for us to reweigh the evidence. The trial court had
Court of Appeals of Indiana | Memorandum Decision 49A02-1509-DR-1515 | June 23, 2016 Page 17 of 18 ample justification for ordering Father to pay Mother’s attorney’s fees based
upon his numerous instances of contempt as well as the relative earning abilities
of the parties and other factors supporting an award. Significantly, we note that
the trial court’s aggregate award of $32,425 was substantially beneath the total
amount of fees incurred by Mother in the course of this protracted and
contentious litigation. Because the award was well within the scope of the
evidence presented, Father has not persuaded us to a firm and definite belief
that a mistake has been made. We find no reversible error. 7
[26] Affirmed.
Najam, J., and Robb, J., concur.
7 Mother requests that we remand this case to the trial court for a determination of her entitlement to appellate attorney’s fees. The clear language of Indiana Code Section 31-16-11-1 indicates that attorney’s fees may be awarded for proceedings occurring after the entry of final judgment, which includes the award of reasonable appellate attorney’s fees. See Thompson v. Thompson, 811 N.E.2d 888, 929 (Ind. Ct. App. 2004) (referring to identical statutory language in Ind. Code § 31-15-10-1), trans. denied (2005). This Court has recognized that the trial court retains jurisdiction to determine if an award of appellate attorney’s fees is appropriate. Id. Thus, if Mother wishes for the trial court to consider her entitlement to appellate attorney’s fees, she may petition the trial court accordingly. Remand is unnecessary.
Court of Appeals of Indiana | Memorandum Decision 49A02-1509-DR-1515 | June 23, 2016 Page 18 of 18