Redd v. Redd

901 N.E.2d 545, 2009 Ind. App. LEXIS 226, 2009 WL 426185
CourtIndiana Court of Appeals
DecidedFebruary 19, 2009
Docket79A05-0804-CV-212
StatusPublished
Cited by21 cases

This text of 901 N.E.2d 545 (Redd v. Redd) 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
Redd v. Redd, 901 N.E.2d 545, 2009 Ind. App. LEXIS 226, 2009 WL 426185 (Ind. Ct. App. 2009).

Opinion

OPINION

MATHIAS, Judge.

James ("Father") and Penny ("Mother") Redd's marriage was dissolved in Tippecanoe Superior Court. This appeal arises out of the court's adjudication of Father and Mother's various petitions to modify child support and petitions for educational expenses. Father has presented several issues on appeal, which we restate as:

I. Whether J.R. was emancipated on his eighteenth birthday;
II. Whether J.R. repudiated the parent-child relationship with Mother;
III. Whether the court abused its discretion when it ordered Father to pay thirty-two percent of K.R.'s secondary education expenses; and,
IV. Whether the trial court abused its discretion when it ordered Father to pay $1000 of Mother's attorney fees.

We affirm in part, reverse in part and remand for proceedings consistent with this opinion.

Facts and Procedural History

Mother and Father's marriage was dissolved in 2007. The parties have five children. Two of the children are primarily involved in the issues presented in this appeal: the oldest child, J.R., and the see-ond-oldest child, K.R. On the date the marriage was dissolved all five children resided with Mother in Fort Belvoir, Virginia Mother is employed by the military and Father is employed by the West Lafayette Fire Department. Mother's income is approximately twice that of Father's.

The three youngest children attend a Catholic elementary school and the parties share the cost of that schooling. KR. attends a Catholic high school at a cost of approximately $10,000 per school year. KR. is not thriving academically at that school. Mother desires that he continue to attend the school with Father contributing towards those expenses. Father does not believe he is financially able to do so.

J.R. began to reside with Father at some time prior to September 2006, when he quit high school. After the court issued the dissolution decree in early 2007, J.R. resided with Mother in Virginia for approximately five months, but he refused to enroll in school. He returned to Father's residence in Indiana at the end of May 2007. J.R. obtained his GED and graduated from the Indiana National Guard Youth Challenge Program on December 8, 2007, his eighteenth birthday. He then moved back to Lafayette to reside with Father. He also enrolled in Ivy Tech Community College.

One week after J.R.'s eighteenth birthday, Father filed a petition to modify child support. In response, Mother argued that the court should find that J.R. is emanci *549 pated, and she renewed her petition for KR.'s secondary education expenses. On February 8, 2008, Father filed a request for payment of J.R.'s post-secondary education expenses.

After hearings were held on the parties' various petitions, on March 14, 2008, the trial court issued findings of fact and conclusions of law. The court found both that J.R. was emancipated and that he had repudiated the parent-child relationship with Mother. The court also ordered Father to pay $226 per week to Mother in child support for the remaining four children. The court granted Mother's request for education expenses and ordered Father to pay thirty-two percent of K.R.'s high school tuition. Finally, Father was ordered to pay $1000 of Wife's attorney fees. Father now appeals.

Discussion and Decision

Standard of Review

The trial court entered findings of fact and conclusions of law pursuant to Indiana Trial Rule 52(A). Therefore, we apply the following two-tiered standard of review: whether the evidence supports the findings and whether the findings support the judgment. Staresnick v. Staresnick, 830 N.E.2d 127, 131 (Ind.Ct.App.2005). The trial court's findings and conclusions will be set aside only if they are clearly erroneous, that is, if the record contains no facts or inferences supporting them. Id. A judgment is clearly erroneous when a review of the record leaves us with a firm conviction that a mistake has been made. Id. We neither reweigh the evidence nor assess the credibility of witnesses, but consider only the evidence most favorable to the judgment. Id. We review conclusions of law de novo. Id. Moreover, we generally give "considerable deference to the findings of the trial court in family law matters" recognizing that the trial court is in the "best position to judge the facts, ... to get a sense of the parents and their relationship with their children-the kind of qualities that appellate courts would be in a difficult position to assess." MacLafferty v. MacLafferty, 829 N.E.2d 938, 940 (Ind.2005).

Finally, we note that the trial court adopted Mother's proposed findings of fact and conclusions of law verbatim. "Although wholesale adoption is not prohibited, we do not encourage trial courts to engage in this practice." Id. "[TIhis practice weakens our confidence as an appellate court that the findings are the result of considered judgment by the trial court." Safety Nat'l Cas. Co. v. Cinergy Corp., 829 N.E.2d 986, 993 n. 6 (Ind.Ct.App.2005), trans. denied.

I. Emancipation

First, Father argues that the trial court erroneously found that J.R. was emancipated on his eighteenth birthday. A parent's child support obligation terminates when a child is emancipated or reaches age twenty-one, except in certain circumstances, such as the incapacity of the child. Lea v. Lea, 691 N.E.2d 1214, 1215 (Ind.1998). "What constitutes emancipation is a question of law, while whether an emancipation has occurred is a question of fact." Dunson v. Dunson, 769 N.E.2d 1120, 1123 (Ind.2002) (citation omitted). Courts may not presume emancipation. Id. Rather, it "must be established by competent evidence by the party seeking emancipation." Id.

Pursuant to Indiana Code section 31-16-6-6 (2008):

(a) The duty to support a child under this chapter ceases when the child becomes twenty-one (21) years of age unless any of the following conditions occurs:
*550 (1) The child is emancipated before becoming twenty-one (21) years of age. In this case the child support, except for the educational needs outlined in section 2(a)(1) of this chapter, terminates at the time of emancipation, although an order for educational needs may continue in effect until further order of the court.
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(8) The child:
(A) is at least eighteen (18) years of age;
(B) has not attended a secondary school or postsecondary educational institution for the prior four (4) months and is not enrolled in a see-ondary school or postsecondary educational institution; and

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Bluebook (online)
901 N.E.2d 545, 2009 Ind. App. LEXIS 226, 2009 WL 426185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redd-v-redd-indctapp-2009.