Smith v. Best

693 N.E.2d 576, 1998 Ind. App. LEXIS 354
CourtIndiana Court of Appeals
DecidedMarch 24, 1998
DocketNo. 49A04-9706-JV-235
StatusPublished
Cited by2 cases

This text of 693 N.E.2d 576 (Smith v. Best) 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
Smith v. Best, 693 N.E.2d 576, 1998 Ind. App. LEXIS 354 (Ind. Ct. App. 1998).

Opinion

OPINION

STATON, Judge

Scott Allen Smith (“Father”) appeals a child support order made pursuant to a petition to establish paternity filed by Tracy Lynn Best (“Mother”) on behalf of her daughter, A.D.W. Father presents two issues which we restate as:

I. Whether the trial court erred when it awarded retroactive child support from the date the paternity petition was filed.
II. Whether the trial court erred when it applied the Indiana Child Support Guidelines to determine the amount of retroactive child support.
We affirm.

A.D.W. was conceived in August of 1989 while Mother was single. Two months later, Mother married Donald Wright and, on April 17, 1990, A.D.W. was born. A.D.W.’s birth certificate named Wright as her father. Mother and Wright separated later that year.

On February 23, 1993, Mother petitioned the court to establish A.D.W.’s paternity and to set child support. Mother claimed that either Wright or Father was A.D.W.’s biological father. After Wright’s blood tests demonstrated a 0.00% chance that he was the father, the couple divorced in 1995, and the paternity action against Wright was dismissed that same year.

Father claims not to have received notice of this action until October of 1995. Thereafter, based on the results of his blood test, Father admitted paternity. In accordance with the Indiana Child Support Guidelines and an agreement between the parents, the trial court set Father’s prospective child support' obligation at $58.00. The court also ruled that Father owed $11,774.00 in retroactive child support, an amount calculated by multiplying the weekly award of $58.00 by 203, the number of weeks having elapsed from the filing of Mother’s petition. The back support was to be paid in increments of $10.00 per week. Father challenges the order as it pertains to his retroactive child support obligation.

On review of child support orders, we disregard issues of weight and credibility and consider only the evidence and reasonable inferences favorable to the judgment. Bussert v. Bussert, 677 N.E.2d 68, 70 (Ind.Ct.App.1997), trans. denied. An award of child support in a paternity case will not be reversed unless it is clearly erroneous, that is, if the record contains no facts or inferences to sustain the award. In re Paternity of Thompson, 604 N.E.2d 1254, 1257 (Ind.Ct.App.1992), reh. denied.

I.

Period of Retroactive Child Support

Father first contends that the trial court erred by ordering retroactive child support from February 1993, the date Mother filed her petition. Specifically, Father maintains that he should not be required to pay [578]*578back support before he became aware of the paternity action in October of 1995. We do not agree.

The General Assembly has directed: “The support order may include the period dating from the birth of the child. However, the support order must include the period dating from the filing of the paternity action.” Ind.Code § 31-6-6.1-13(g) (1993) (emphasis added).1 An award of retroactive support for the period dating from the later of the two dates, here, the filing of the paternity action, is mandatory. See Lamon v. Lamon, 611 N.E.2d 154, 159 (Ind.Ct.App.1993). Accordingly, in Matter of Paternity of L.L.P., 566 N.E.2d 89 (Ind.Ct.App.1991), this court remanded a child support order because the trial court had failed to comply with the requirements of a similar predecessor statute.2

It is a father’s legal duty to provide for maintenance of his minor children. See Farmer v. Minor, 495 N.E.2d 553, 556 (Ind.Ct.App.1986) (citing Denning v. Star Publishing Co., 94 Ind.App. 300, 307-08, 180 N.E. 685, 687 (1932)), reh. denied, trans. denied. That duty is not dependent upon a father’s having received notice of the pen-dency of a paternity action.3 If it were, putative fathers would be encouraged to evade notice of legitimately initiated court proceedings in order to minimize their ultimate support obligations.

Here, the trial court awarded support retroactive to the date Mother filed her petition to establish paternity. The order comports with the statutory mandate. There is no error.

II.

Amount of Retroactive Child Support

Father next argues that, in determining the appropriate retroactive support award, the trial court impermissibly applied the guidelines which incorporate his current income level, not his income during the period covered by the support order. Again, we disagree.

Indiana Code § 31-6-6.1-13(g) mandates retroactive child support but does not indicate how it should be calculated.4 Without specifically addressing retroactive child support, Indiana Code § 31-6-6.1-13(a) (1993) [579]*579directs that a trial court must consider the financial resources of the noncustodial parent.5 The Indiana Child Support Guidelines are also applicable to paternity actions. Ind. Child Support Guideline 2. Rule 2 provides, “In any proceeding for the award of child support, there shall be a rebuttable presumption that the amount of the award which would result from the. application of the Indiana Child Support Guidelines is the correct amount of child support to be awarded.” Ind.Child Support Rule 2. The trial court may deviate from the presumptive support award when it concludes that the award reached through application of the guidelines would be unjust or inappropriate. Ind.Child Support Guideline 3(F)(2).

This court has affirmed rulings in which the prospective child support award was used as the basis of a retroactive award. In Farmer, 495 N.E.2d at 559, decided before adoption of the state child support rules and guidelines, we stated that the trial court did not err in calculating back support by multiplying the prospective weekly support order by the number of weeks in the past. That same year, we affirmed the denial of a motion to set aside a default judgment against a father who was ordered to pay $50.00 per week as child support, retroactive to the date of the child’s birth. Wilson v. K.W., 497 N.E.2d 244 (Ind.Ct.App.1986), reh. denied, trans. denied.

Later, we implicitly recognized the validity of using the Indiana Child Support Guidelines to determine back support. Lamon, 611 N.E.2d 154. In Lamon, the trial court tied the award for retroactive support to its erroneous application of the child support guidelines in determining the weekly support obligation. Id. at 159.

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Related

Moore v. State
827 N.E.2d 631 (Indiana Court of Appeals, 2005)
Matter of Paternity of ADW
693 N.E.2d 576 (Indiana Court of Appeals, 1998)

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Bluebook (online)
693 N.E.2d 576, 1998 Ind. App. LEXIS 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-best-indctapp-1998.