Phillip J. Troyer v. Tracy L. Troyer

987 N.E.2d 1130, 2013 WL 1820296, 2013 Ind. App. LEXIS 197
CourtIndiana Court of Appeals
DecidedApril 30, 2013
Docket02A03-1207-DR-319
StatusPublished
Cited by39 cases

This text of 987 N.E.2d 1130 (Phillip J. Troyer v. Tracy L. Troyer) 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
Phillip J. Troyer v. Tracy L. Troyer, 987 N.E.2d 1130, 2013 WL 1820296, 2013 Ind. App. LEXIS 197 (Ind. Ct. App. 2013).

Opinions

OPINION

CRONE, Judge.

Case Summary

Phillip J. Troyer (“Husband”) and Tracy L. Troyer (“Wife”) were married in 1993 and had one child, K.T., in 2000. In May 2010, Wife filed two petitions to dissolve the marriage, which were later dismissed. The parties’ attempts at reconciliation were unsuccessful, and Wife filed a third petition in May 2011. In July 2011, the trial court entered a Provisional Order that awarded the parties joint legal custody and Wife primary physical custody of K.T. The Provisional Order also addressed issues such as child support and K.T.’s healthcare expenses. Between February and April of 2012, the trial court held four days of hearings on the dissolution petition. Husband filed a petition for attorney fees. In April 2012, the court issued a partial decree dissolving the marriage and holding the remaining issues under advisement. In June 2012, the trial court issued a Final Decree containing extensive findings of fact and conclusions thereon. In the Final Decree, the court valued the marital assets and divided them equally between the parties. The court also awarded the parties joint legal custody and Wife primary physical custody of K.T. Fi[1133]*1133nally, the court denied Husband’s petition for attorney fees.

Husband appealed, and Wife cross-appealed. Husband contends that the trial court abused its discretion in valuing and dividing the marital estate; exceeded its statutory authority in retroactively increasing his child support and healthcare expenses; abused its discretion in denying his petition for attorney fees; and failed to rule on two issues that he raised below. Wife contends that the trial court abused its discretion in awarding the parties joint legal custody of K.T. She also asserts that Husband’s appeal is frivolous or in bad faith such that she is entitled to attorney fees pursuant to Indiana Appellate Rule 66(E).

We conclude as follows: (1) the trial court did not abuse its discretion in valuing and dividing the marital estate; (2) the trial court exceeded its statutory authority in retroactively increasing Husband’s child support and healthcare expenses; (3) the trial court did not abuse its discretion in denying Husband’s petition for attorney fees; (4) the trial court did fail to rule on Husband’s request for Wife to reimburse him for her share of K.T.’s private school expenses; (5) the trial court did not abuse its discretion in awarding the parties joint legal custody of K.T.; and (6) Husband’s appeal is neither frivolous nor in bad faith, and therefore Wife is not entitled to attorney fees pursuant to Appellate Rule 66(E). Consequently, we affirm in part, reverse in part, and remand.

Facts and Procedural History

Husband and Wife were married in January 1993 and had one child, K.T., who was born in April 2000. On May 14, 2010, Wife filed a petition to dissolve the marriage, which she dismissed less than two weeks later. Wife filed a second petition for dissolution on May 27, 2010. The parties continued to live together until they sold their home in early July 2010, at which time Husband moved to an apartment. In December 2010, Wife asked Husband if the two could reconcile; as such, Wife dismissed her second petition on February 22, 2011.

The attempted reconciliation failed, and Wife filed a third petition for dissolution on May 3, 2011, which was deemed to be “the legal date of the parties’ separation.” Appellant’s App. at 37. On July 15, 2011, the trial court entered a Provisional Order, which provided in pertinent part as follows: (1) at KT.’s request, Wife requested that Husband’s parenting time with K.T. be limited, reduced, or restricted; however, there was no evidence that the exercise of Husband’s parenting time would endanger the emotional or physical well-being of the child; (2) the trial court took judicial notice that Indiana caselaw prevents a child from dictating when, and in what fashion, a parent will exercise his or her parenting time; if the child has emotional issues that are interfering with parenting time, the solution is not to bow to the child, but instead to seek appropriate treatment for the child; (3) absent evidence to the contrary, there is an established presumption that each parent is a fit and proper person to have the care, custody, and control of K.T.; (4) the trial court recognized the sincerity of love and devotion by both parents toward K.T., and awarded joint legal custody; however, historical involvement with K.T. warranted Wife having primary physical custody and Husband exercising parenting rights under the Indiana Supreme Court’s Parenting Time Guidelines; (5) by agreement of the parties, Wife was ordered to maintain health insurance for K.T., and Husband was ordered to pay $53 a week, effective May 3, 2011 (a $530 arrearage was to be satisfied with Husband making extra payments of $20 per week until the arrearage [1134]*1134was paid); (6) each parent was responsible for his or her respective indebtedness incurred since the separation; and (7) each party was restrained from transferring, encumbering, concealing, selling, or otherwise disposing of joint marital property.

In September 2011, Husband asked Wife to reconcile, but Wife refused, stating that the marriage had run its course. In April 2012, the trial court entered its “Partial Decree and Dissolution of Marriage,” which in pertinent part stated that the “marriage being irretrievably broken, is hereby dissolved,” that all other issues remain under advisement, and that “costs of this action are assessed to [Wife].” Appellant’s App. at 37.

The Final Decree was fifteen pages long, identified eighty-three factual findings or legal conclusions, and was entered following the final hearing, which took the better part of four days and resulted in a transcript in excess of 800 pages. The Final Decree also: (1) identified KT.’s circumstances and health history, including that K.T. suffered from anorexia nervosa and major depressive disorder; (2) identified the need for a Parenting Time Coordinator; (3) analyzed five years of Husband’s income for child support purposes; (4) dealt with health insurance, uninsured healthcare expenses, and tax exemption issues; and (5) detailed the few agreements and the many disagreements of the parties, both prior to and during the dissolution process. The Final Decree identified stipulated values for various assets and then systematically resolved disputed property issues, including whether certain assets or debts should be included in the marital estate, whether dissipation under the statute had occurred from the actions of either party, and whether Wife’s sale of her interest in her law practice eleven months prior to having filed the instant dissolution action was an arm’s-length transaction. Ultimately, the trial court divided the marital estate equally and identified a balancing equalization judgment. Husband now appeals, and Wife cross-appeals. Additional facts will be included below.

Discussion and Decision

After the final hearing, the trial court, on its own motion, entered findings of fact and conclusions thereon regarding the parties’ dissolution proceedings. In reviewing an order in which the trial court makes findings of fact and conclusions thereon, our standard of review is well-settled:

First, we determine whether the evidence supports the findings and second, whether the findings support the judgment. In deference to the trial court’s proximity to the issues, we disturb the judgment only where there is no evidence supporting the findings or the findings fail to support the judgment.

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Cite This Page — Counsel Stack

Bluebook (online)
987 N.E.2d 1130, 2013 WL 1820296, 2013 Ind. App. LEXIS 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillip-j-troyer-v-tracy-l-troyer-indctapp-2013.