Shari (Ellis) Lovold v. Clifford Scott Ellis

988 N.E.2d 1144, 2013 WL 1786003, 2013 Ind. App. LEXIS 190
CourtIndiana Court of Appeals
DecidedApril 26, 2013
Docket54A01-1209-DR-410
StatusPublished
Cited by22 cases

This text of 988 N.E.2d 1144 (Shari (Ellis) Lovold v. Clifford Scott Ellis) 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
Shari (Ellis) Lovold v. Clifford Scott Ellis, 988 N.E.2d 1144, 2013 WL 1786003, 2013 Ind. App. LEXIS 190 (Ind. Ct. App. 2013).

Opinion

OPINION

ROBB, Chief Judge.

Case Summary and Issues

Shari (Ellis) Lovold (“Mother”) appeals the trial court’s order denying her request for contribution from Clifford Ellis (“Father”) towards the college expenses of their son, C.E. She raises the issue of whether the trial court abused its discretion by finding that C.E. repudiated his relationship with Father. On cross-appeal, Father appeals the trial court’s order modifying child support. He raises the issue of whether the trial court erred in its child support calculation by requiring him to pay child support for the time C.E. lived on campus. Concluding that the trial court did not abuse its discretion with regard to the repudiation finding but that it erred in the child support calculation, we affirm in part, reverse in part, and remand.

Facts and Procedural History

Father and Mother were divorced in 2003. Mother was granted custody of C.E., who was eleven years old at the time, and Father was granted reasonable visitation and ordered to pay child support. In 2004, child support was modified to $150 per week. Father consistently paid child support throughout the years.

In 2011, Mother filed a petition for contribution to post-secondary education expenses against Father. In turn, Father filed a petition for emancipation and for modification of child support. Mother later filed her own petition to modify child support. 1 Mother agreed that she would not file an affidavit for contempt if Father paid $60 per week in child support while C.E. was away from home for college until the court issued its ruling on the motions.

A hearing was conducted on November 16, 2011, an in camera interview took place with C.E. on November 23, 2011, and, several months later, after Father filed a verified motion to re-open evidence and request for hearing, a second hearing took place on May 17, 2012. On June 26, 2012, the trial court issued its order denying Mother’s request for contribution to post-secondary education expenses because it found C.E. had repudiated his relationship with Father. The trial court based its repudiation finding, in pertinent part, on the following findings of fact:

3. The October 27, 2004 Order directed the parties to attend one counseling session with the minor child to attempt to work out any differences, to reinstitute a positive parenting time experience for the minor child, and improve communication between the parties. Mother, as the custodial parent, has never scheduled this ordered counseling session.
4. Father exercised post-Decree visitation with [C.E.] for approximately nine months, though parenting time exchanges became increasingly more hostile and difficult over time. [C.E.] was having difficulty adjusting to the post-divorce changes, including parenting time and a new Step-Mother.
5. This culminated during a visit on March 31, 2004, during which [C.E.] began crying and told his Father that he wanted to go home. *1147 Father complied and, at the exchange, he told [C.E.], in the presence of his Mother, “If you want to see me, call me, you know where I am”. [C.E.] agreed this is basically what happened.
6. Father has not seen [C.E.] for more than eight years. After the divorce, Mother moved in with her mother. Then, after the 2004 Order was entered, she moved again without providing Father her and [C.E.]’s new address and contact information despite Father’s repeated unanswered calls requesting this information. Neither Mother nor [C.E.] communicated with Father about anything during the past 8 years and Father has been precluded from doing so with them by their failure to respond.
7. Father was surprised to learn for the first time, in Court, that [C.E.] has undergone eleven surgeries over time for his congenital cleft palate. Mother never advised him of this. [C.E.] has never sent a Father’s Day or birthday card to his Father nor has he ever called him to say hello or to wish him well on special occasions, despite knowing Father’s address and contact information. Father did not see [C.E.] at either of the funerals for [C.E.]’s paternal grandparents.
8. Father has not been kept abreast of [C.EJ’s grades, activities, or his progress during the past seven years. As of the hearing on 11/16/11, Father still had not received any contact information for [C.E.], required by the Decree, the Order on October 27, 2004 and the Parenting Time Guidelines.
9. Although [C.E.] turned 18 in May, 2010, he has continued to choose not to communicate with his Father or send him a single card, call him, or otherwise treat him as his Father. [C.E.] confirmed that he saw his Father at a Culver’s restaurant, where [C.E.] worked, but that he chose not to approach him or talk to him, even though [C.E.] was not working at the time. Instead, [C.E.] walked the other way.
10. Despite Father’s willingness for years to maintain a relationship with [C.E.], all [C.E.] appears to be requesting is his Father’s payment of college expenses. At the same time, neither [C.E.] nor his Mother ever discussed with Father the college [C.E.] would attend, nor how it will be paid (though it appears [C.E.] could have accepted financial aid covering almost all of his expenses).
11. During the In Camera interview on November 23, 2011, [C.E.] told the Court he is interested in having a relationship with his Father. This rings hollow and is highly suspect in light of the one and one-half years that had then passed since [C.E.] turned 18, and the prior five and one-half years, without any attempts by [C.E.] to visit his Father. This purported change of heart by [C.E.] appears chiefly motivated by the fact Mother is now requesting Father to pay [C.EJ’s college expenses and because [C.E.] is likely aware of the consequences that follow a finding of repudiation. [C.E.] testified on May 17, 2012, that he had spoken with Mother’s Counsel prior to coming to Court.
12. [C.EJ’s professed desire to now have a relationship with his Father also rings hollow in light of what *1148 transpired after the In Camera Interview.
13. On December 6, 2011, Father was advised by his counsel that the Judge relayed to Counsel what transpired during the In Camera Interview and that [C.E.] expressed a desire to have a relationship with his Father. As a result, Father sent a certified letter to Mother requesting contact information.
14. Because Mother never responded to Father, his Counsel sent an email to Mother’s Counsel on December 20th requesting the same information. On January 3, 2012, Mother’s counsel advised, bye-mail, that since [C.E.] is 19 years old, Mother feels she should step out of this matter and allow [C.E.] to communicate directly with Father and that Mother had given [C.E.] Father’s request for contact information.
15. Despite this, [C.E.] did not provide contact information to his Father until January 2, 2012, when he also advised that he is home on some weekends.

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Cite This Page — Counsel Stack

Bluebook (online)
988 N.E.2d 1144, 2013 WL 1786003, 2013 Ind. App. LEXIS 190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shari-ellis-lovold-v-clifford-scott-ellis-indctapp-2013.