Stanley Kahn v. Beverly (Kahn) Baker

36 N.E.3d 1103, 2015 Ind. App. LEXIS 478, 2015 WL 3886819
CourtIndiana Court of Appeals
DecidedJune 23, 2015
Docket29A02-1409-DR-663
StatusPublished
Cited by18 cases

This text of 36 N.E.3d 1103 (Stanley Kahn v. Beverly (Kahn) Baker) 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
Stanley Kahn v. Beverly (Kahn) Baker, 36 N.E.3d 1103, 2015 Ind. App. LEXIS 478, 2015 WL 3886819 (Ind. Ct. App. 2015).

Opinion

YAIDIK, Chief Judge.

Case Summary

- [1] Father, following divorce, was ordered to pay the remainder of his college-aged daughter’s post-secondary educational expenses — including tuition and room and board — and medical expenses. The father and daughter had a serious dispute the month before the court’s order, however, and thereafter the daughter engaged in limited contact with her father — she sent him text and email messages but did not speak to him on the telephone or meet with him in person for over a year. The father stopped paying his daughter’s expenses. Mother filed a motion for rule to show cause in an effort to get the father to comply with the court order, and the father filed a petition to modify the court order, alleging change in circumstances— specifically, that he was relieved from paying his daughter’s expenses because she had repudiated him. Following a hearing, the trial court found that the daughter had not repudiated her father, found him in contempt for failing to pay the daughter’s educational and medical expenses, and awarded attorney fees to the mother. The trial court also found, however, that under the “doctrine of unclean hands” the mother *1106 was to be held liable for her daughter’s room and board.

[2] On appeal, we consolidate the father’s issues into the following: (1) whether the trial court erred in finding that the daughter did not repudiate her father, and that he was not, therefore, relieved of his obligation to pay the expenses specified in the Agreed Entry; (2) whether the trial court erred by holding the father in contempt for failing to pay the daughter’s post-secondary educational and medical expenses; and (3) whether the trial court erred in awarding the mother attorney fees. Mother cross-appeals, presenting one issue for our review: whether the trial court erred in ordering her to pay the daughter’s room and board expenses. Ultimately, we affirm the trial court’s order on all of the issues challenged by the father, and reverse on the issue raised by the mother.

Facts and Procedural History

[3] Madeline, the eldest child of Stanley Kahn (“Father”) and Beverly (Kahn) Baker (“Mother”), began attending Emory University in Atlanta, Georgia, in the fall of 2009, intending to graduate with honors in December 2012. 1 In 2010, after twenty-one years of marriage, Father and Mother — who both reside in central Indiana— divorced and reached a settlement agreement (“the Settlement Agreement”), approved by the trial court on June 10, 2010. This Settlement Agreement required Father to pay Madeline’s tuition for the 2010-11 school year at Emory. The Settlement Agreement also provided that Father would pay for health insurance for the parties’ two children, and that all uninsured medical costs and expenses of the children were to be divided equally between the parties.

[4] In December 2011, when Madeline was home in Indianapolis for Christmas break, she and Father had a heated dispute over whether Madeline could take her car back to Atlanta. 2 Thereafter, Father went to Mother’s house, where Madeline was staying, and took away the car. Madeline then went to the bank where she and Father had a joint account to withdraw funds so she could buy a new car. 3 While Madeline was at the bank, Father suddenly arrived, and Madeline, who was “terrified,” quickly left the bank to evade Father. Tr. p. 278.

[5] The next month, in January 2012, the parties entered into an agreed entry (“the Agreed Entry”), approved by the trial court, which modified Father’s obligations for Madeline’s post-secondary education expenses. Specifically, the Agreed Entry provided in pertinent part as follows:

3. For the remainder of Madeline’s undergraduate education at Emory University, wh'ich education shall be completed by December 31, 2012, ... Father shall pay and be responsible for the following:
a. Tuition at the institution the child attends;
b. Room and board at the institution the child attends;
c. Reasonably necessary books, fees and supplies; and
d. Transportation to and from school at the beginning and the end of the *1107 school year or as otherwise agreed by the parties; provided, however, that in the event Mother agrees to provide transportation to and/or from school for a child (which Mother is not obligated to do), then Mother shall pay the expenses of providing the transportation.
Mother shall not have an obligation to contribute to each child’s undergraduate educational expenses.
4. Neither party shall have a child support obligation to the other.
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⅜ ⅜ ⅝ ⅝ ⅝
d. The children spend approximately half their time at the home of each parent when they are not at school. ■
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f. Father is responsible' for the children’s uninsured health care expenses.
g. Each parent shall pay for the care and maintenance of the children during any periods of time that the children shall be with that parent.

Appellant’s App. p. 55-56.

[6] Following the dispute over the car, Madeline and Father did not speak in person or on the telephone for all of 2012— Madeline had made a “conscious decision” that she could not see or talk to Father for the time being. Tr. p. 329. As she explained:

It was, really about his presence and his voice. I was just really scared to hear him or see him because it just brought up too much, and I had physical reactions to it. I would shake and cry when I would listen to him because it would just kind of — I know it sounds cliché, but just take me back. And I still wanted to talk to him and I miss him all the time. So, I would e-mail him or, you know, send him a paper that I was working on because I really wished that he could be included in some of the stuff that was going on with me, but I just couldn’t hear him or see him. It just hurt me too much and it scared me too much.

Id. at 330.

[7] Madeline came home to Indianapolis on multiple occasions in 2012 but did not see or contact Father during these visits. She did, however, send Father numerous e-cards, and e-mail and text messages. In these, she told Father that she loved him and missed him, wished him a happy birthday, shared the first paper she had ever written on a legal case, sent photos of her new apartment, and sent news about her induction into a philosophy honors society, her involvement in a play, and a new job. She also asked Father about a wedding he had attended, his new apartment, and his eye, surgery. According to Father, however, “[sjending an occasional text message or an e-mail is not a relationship.” Id. at 144.

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Cite This Page — Counsel Stack

Bluebook (online)
36 N.E.3d 1103, 2015 Ind. App. LEXIS 478, 2015 WL 3886819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanley-kahn-v-beverly-kahn-baker-indctapp-2015.