Marriage of McKay v. McKay

671 N.E.2d 194, 1996 Ind. App. LEXIS 1402, 1996 WL 596660
CourtIndiana Court of Appeals
DecidedOctober 18, 1996
Docket34A02-9512-CV-763
StatusPublished
Cited by3 cases

This text of 671 N.E.2d 194 (Marriage of McKay v. McKay) 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
Marriage of McKay v. McKay, 671 N.E.2d 194, 1996 Ind. App. LEXIS 1402, 1996 WL 596660 (Ind. Ct. App. 1996).

Opinion

OPINION

KIRSCH, Judge.

John McKay appeals the trial court's order requiring him to continue to pay child support for his nineteen-year-old son, Justin. Father raises one issue on appeal which we restate as follows: Whether the trial court erred in requiring Father to continue to pay child support after Justin turned eighteen.

We affirm.

FACTS AND PROCEDURAL HISTORY

John McKay (Father) and Stephanie Cooke (Mother) had three children during the course of their marriage: John McKay, Jr., Joel McKay, and Justin McKay. The parties were divoreed in 1984, and custody of the three boys was awarded to Mother. Father was awarded reasonable visitation and ordered to pay child support. Father exercised visitation with the boys from 1984 until 1987. In 1987, however, the relationship between Father and the boys became so strained that Father voluntarily relinquished his rights.

On several occasions, the court modified the Father's child support obligation because of a change in cireumstances. On April 23, 1991, Mother filed a petition for modification of Father's support obligation. At that time, Father was obligated to pay the amount of *196 $112.00 per week for the support of Joel, who was eighteen years old, and Justin, who was fourteen years old (John Jr. was emancipated sometime in 1987). In the Petition, Mother requested that the support be modified to provide for Joel's college expenses. On August 21, 1991, a hearing was held to decide the Petition for Modification of Support. On September 10, 1991, the trial court entered its Order which provided in pertinent part that Father's support obligation for Joel and Justin would increase to $130.00 per week and that Father would be required to pay one-half of Joel's college tuition and fees.

After the trial court ordered modification of his support obligations, Father filed a Petition for Enforcement Of Visitation Rights And For Counseling Order in an attempt to initiate visitation with Joel and Justin. On December 6, 1991, the trial court conducted a hearing on Father's Petition. The Petition was subsequently denied; however, the trial court did order Joel and Justin to undergo an eight-week counseling session. After completing the counseling, the boys refused to visit with Father.

In the summer of 1991, Joel started college at Indiana University-Kokomo. He later transferred to Indiana University-Blooming-ton which greatly increased the expenses related to his college education. Thus, in 1993, both Father and Mother filed petitions for modification of the child support/educational expenses order and the petitions were joined. Father, as part of the action, again requested enforcement of his visitation rights. The trial court held a hearing on the matter, at which time Joel was twenty years old and considered an adult, and Justin was sixteen years old.

At the trial, both Joel and Justin testified that they did not want to have a relationship with Father. Father testified that it would be unfair to require him to contribute toward Joel's college education when Joel refused to have any relationship with him. Nevertheless, in its Findings of Fact and Conclusions thereon, the trial court denied Father's petition to have his visitation rights enforced, granted Mother's petition for support modification, and ordered Father to pay $150.00 per month directly to Joel during the school year for his college room and board expenses, and ninety-two dollars per week in child support for Justin.

Father appealed the trial court's decision regarding his obligation to pay Joel's college expenses. The appeal resulted in the published decision of this court, McKay v. McKay, 644 N.E.2d 164 (Ind.Ct.App.1994), which reversed the trial court's decision and held that: "Joel's repudiation of the father-son relationship has relieved Father of any further responsibility to contribute toward Joel's college education." Id. at 168.

On July 26, 1995, pursuant to Justin's turning eighteen years of age, Father filed a petition for modification of his support obligation. This time, Father requested a reduction in his support obligation on the grounds that Justin was eighteen years old and capable of supporting himself, that Father had not been contacted or consulted about any plans Justin may have had pertaining to obtaining a college education, that Justin failed and refused to maintain any contact or relationship with Father, and that Justin had repudiated the father-son - relationship. Mother filed a response to Father's Petition denying a change of circumstances and stating that Justin was enrolled as a full-time student at DePauw University in Greencas-tle, Indiana, that Justin was unable to support himself, and that Justin was not emaneci-pated.

The trial court conducted a hearing on September 26, 1995, during which the court heard testimony from Mother and Father. On September 29, 1995, the trial court, finding that there was no substantial change in cireumstances and that Father failed to demonstrate that he was entitled to a termination of support, ordered Father to continue paying the ninety-two dollars per week in child support. Father now appeals.

DISCUSSION AND DECISION

Father claims that the trial court erred by ordering him to continue to pay support for his eighteen-year-old son Justin. Father buttresses his argument by expatiating upon the complaint that his support payments are being used to provide completely for Justin's *197 college education, 1 Justin's out-of-pocket expenses for DePauw University, Justin's vehicle-related expenses, and Mother's living expenses. Father further argues that because Justin, as an adult, failed to establish a relationship with his Father, Father should not be required to provide any further financial assistance to Justin. Father's contentions prompt us to address two issues, and decide: 1) whether Father's child support obligation included providing for college expenses; and, 2) whether Justin was emancipated upon reaching the age of eighteen.

When reviewing a modification of child support, we will neither reweigh the evidence nor reassess the credibility of the witnesses and will not set aside the fact-finding of the trial court unless it is clearly erroncous. - Brancheau v. Weddle, 555 N.E.2d 1315, 1317 (Ind.Ct.App.1990). We will reverse the trial court's decision only where there is a total lack of supporting evidence or the evidence is undisputed and leads solely to a contrary conclusion. Id.

When determining the amount a parent will pay for the support of a child, the trial court is guided by certain statutory provisions. Barton v. Barton, 640 N.E.2d 86, 88 (Ind.Ct.App.1994); see also IC 81-1-11.5-12, 12.1, -17, -17.1. According to the statutory provisions, the trial court must first determine the reasonable amount of support required to furnish the child's basic needs and to maintain the child's general welfare. IC 31-1-11.5-12(@a). An order for child support is not based merely upon a rudimentary review of the parties' balance sheets. Barton, 640 N.E.2d at 88.

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Bluebook (online)
671 N.E.2d 194, 1996 Ind. App. LEXIS 1402, 1996 WL 596660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-mckay-v-mckay-indctapp-1996.