Million v. Swager

807 N.E.2d 140, 2004 Ind. App. LEXIS 761, 2004 WL 901859
CourtIndiana Court of Appeals
DecidedApril 28, 2004
Docket89A01-0310-CV-377
StatusPublished
Cited by4 cases

This text of 807 N.E.2d 140 (Million v. Swager) 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
Million v. Swager, 807 N.E.2d 140, 2004 Ind. App. LEXIS 761, 2004 WL 901859 (Ind. Ct. App. 2004).

Opinion

OPINION

MAY, Judge.

Daniel F. Million ("Father") appeals the trial court's order regarding payment of college expenses for C.C.M., the oldest *141 child of Father's former marriage to Janice L. Swager ("Mother"). Father raises one issue on appeal, which is whether the trial court's order that Father pay toward C.C.M.'s education at Cornell University was clearly erroneous. We affirm.

FACTS AND PROCEDURAL HISTORY

C.C.M. was born August 30, 1982, during the marriage of Mother and Father. 1 On January 6, 1995, the trial court dissolved the marriage. Pursuant to that decree, the parties share joint legal custody of C.C.M. and Mother has physical custody. C.C.M. went to public school for his first two years of high school, then finished his high school education at the Indiana Academy affiliated with Ball State University in Muncie, Indiana 2 During his two years at the Indiana Academy, C.C.M. received all A's and was on the honor roll every semester. As a senior in 2001, he was recognized as a National Merit Scholar.

During his senior year, C.C.M. began searching for a college that would offer both the best academic program in his chosen fields of study, physics and mathematics, and the best financial aid package. C.C.M. attempted to involve Father in his college search, but Father failed to return C.C.M.'s phone calls. In addition, when C.C.M. needed financial information from Father to complete financial aid applications for the six schools to which he applied, Father refused to provide that information. On January 25, 2001, Mother filed a motion to modify the child support decree to address college expenses.

C.C.M. was accepted at Cornell University 3 and determined it was offering the most financial aid of the schools to which he applied. In the summer of 2001, after C.C.M. accepted Cornell University's offer to attend in the fall of 2001, Father met with C.C.M. and Mother and offered to let C.C.M. use his van to move to college.

The cost of C.C.M.'s freshman year at Cornell was $36,978.00, which included tuition, room and board, books, and supplies. C.C.M.'s financial aid covered $22,453.00, C.C.M. earned $1,800.00 through a work/ study program, C.C.M. took out student loans for $6,625.00, and Mother borrowed the remaining $6,100.00.

On August 1, 2002, Mother filed another motion to modify the dissolution decree to include college expenses. The total cost of C.C.M.'s sophomore year at Cornell was $38,811.00. To help cover those costs, Mother borrowed another, $11,000.00.

In May of 2003, the trial court held a hearing on Mother's motion to modify. Each party filed proposed findings and conclusions. The trial court's judgment included, in relevant part, the following:

FINDINGS OF FACT
1. On January 6, 1995, this Court issued its decree of dissolution terminating the marriage of the parties and making provisions for the care *142 and custody of the parties' three minor children....
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3. The modification order of July 5, 2000, provided that [Father] pay directly to [CG.C.M.] the sum of One Hundred Twenty-Five Dollars ($125.00) per month to assist [C.C.M.] in paying his expenses while attending high sehool.
[Mother] filed the Motion to Modify Dissolution of Marriage Decree Relating to College Expenses, Child Support and Other Related Matters on January 25, 2001 and subsequently filed an amended motion on August 1, 2002.
[C.C.M.] graduated from high school in June of 2001, and enrolled at Cornell University in Ithaca, New York in the fall of 2001, as a freshman. He successfully completed his freshman and sophomore years at Cornell, and anticipates returning in the fall of 2008 for his junior year at college.
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7. [C.C.M.] is an exceptionally bright student, having earned high marks in high school, performed well on college entrance exams, and achieved academic recognition for his performance while enrolled at Cornell. f
[C.C.M.]s freshman year at Cornell cost a total of $36,978.00 in tuition, room and board, books and supplies, travel and fees, of which [Mother] paid $6,100.00.
[C.C.M.]'s sophomore year at Cornell cost a total of $38,811.00 in tuition, room and board, books and supplies, travel and fees, of which [Mother] paid $10,800.00.
10. It is anticipated that the costs and eligibility for aid for [C.C.M.]'s junior and senior year at Cornell will be in line with his freshman and sophomore years.
11. After the last modification [Father}, a self-employed building contractor, suffered business and financial reverses resulting in personal and business bankruptcy.
12. [Father] is employed at Newceom-ber Lumber in Greenfield, Indiana with a base salary of $25,000.00 per year, and earns Five Percent (5%) commission on sales.
18. [Mother] is employed at Wal-Mart in New Castle, Indiana earning $9.49 per hour and working approximately 45 hours per week.
14. [Father]T's normal and average weekly wages at the time of the hearing are $481.00.
15. [Mother]'s normal and average weekly wages at the time of the hearing are $451.00.
16. The parties' combined income is $932.00, with [Father] earning approximately 52% of said combined weekly gross income and [Mother] earning approximately 48% of such income.
17. It is anticipated that [C.C.M.] will be out of school and living either with [Mother], or in such situation . that he will require support from his parents for approximately 17 weeks out of each year.
18. There has been a substantial and significant change in the circumstances of the parties and the children such that a modification of the previous entry of this Court is justified. Specifically, the parties' old *143 est child, [C.C.M.] has enrolled at college.
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CONCLUSIONS
This case presents a unique confluence of circumstances that affords no entirely satisfactory resolution. [C.C.M.] has studied diligently in pursuit of his dream of obtaining his education and degree at a top flight university. He has proven to be an exceptional student and has succeeded in obtaining significant financial aid enabling him to pursue his degree at Cornell University with the help of his mother, his own earnings and loans.

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Bluebook (online)
807 N.E.2d 140, 2004 Ind. App. LEXIS 761, 2004 WL 901859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/million-v-swager-indctapp-2004.