Staresnick v. Staresnick

830 N.E.2d 127, 2005 Ind. App. LEXIS 1246, 2005 WL 1618766
CourtIndiana Court of Appeals
DecidedJuly 12, 2005
Docket49A02-0412-CV-1079
StatusPublished
Cited by18 cases

This text of 830 N.E.2d 127 (Staresnick v. Staresnick) 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
Staresnick v. Staresnick, 830 N.E.2d 127, 2005 Ind. App. LEXIS 1246, 2005 WL 1618766 (Ind. Ct. App. 2005).

Opinion

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Defendant, Michael Stares-nick (Father), appeals the trial court's judgment in favor of Julie Staresnick (Mother), requiring Father to pay half of the college expenses of their son, Brian Staresnick (Brian).

We affirm in part, reverse in part, and remand with instructions.

ISSUES

Father raises five issues on appeal, which we restate as the following:

1. Whether the trial court clearly erred in concluding that Brian has not repudiated Father, and thus that Father has a continuing duty to pay Brian's college expenses;
2. Whether the trial court clearly erred in denying Father's petition for modification of educational support;
3. Whether the trial court's judgment modifying Father's income withholding order to $149 per week is clearly erroneous;
4. Whether the trial court's judgment requiring Father to pay an outstanding balance of $3077.47 toward Brian's past college expenses is clearly erroneous; and
5. Whether the trial court abused its discretion in holding Father in contempt.

FACTS AND PROCEDURAL HISTORY

Father and Mother were divorced pursuant to a Final Decree of Dissolution dated April 17, 2000. On August 15, 2002, the trial court issued its Order on Modification (the August 15 Order), in which Father and Mother were each ordered to pay one-half of Brian's college expenses, including tuition, housing, fees, books, and sehool supplies. In the August 15 Order, Mother was also ordered to provide Father with copies of Brian's semester grades within ten days of receiving them and all college bills upon receipt.

During the 2002-03 school year, Brian attended Indiana University-Bloomington as a freshman. Brian then transferred to Ball State University for his sophomore year and attended classes during both semesters of the 2008-04 school year as well as attending summer school. He antici *129 pates that it will take him three more years to obtain his B.A.

On May 8, 2004, Father filed his Verified Petition for Contempt Citation, and Motion to Terminate Educational Expenses Order and to Emancipate Minor Child, or Alternatively, for Modification. In the first count of his Petition, Father sought a contempt citation against Mother, contending that she has failed to provide him with copies of Brian's grades or college bills as required by the August 15 Order. In the second count of his Petition, Father requested termination of his obligation to pay Brian's college expenses as ordered by the August 15 Order and emancipation of Brian "for all purposes" on the ground that Brian had repudiated Father. (Appellant's Appendix p. 43). Finally, in the event the second count was not granted, Father requested in the third count of his Petition that the trial court modify his child support and college education obligation. On June 25, 2004, Mother filed her Verified Petition to Modify and For Rule to Show Cause.

On August 12, 2004, the trial court conducted a hearing on both petitions. On October 5, 2004, the trial court issued Findings of Fact and Conclusions of Law, concluding that Brian has not repudiated Father, determining that both Mother and Father were in contempt, and ordering Father to pay the unpaid portion of his fifty percent of Brian's college expenses (the October 5 Order). The trial court's Findings of Fact and Conclusions of Law from the October 5 Order read in pertinent part as follows:

FINDINGS OF FACT

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6. The evidence establishes that Brian and Father have had little contact since the divorcee. Specifically, Brian has spent very little, if any, evenings, weekends, holidays, vacation, or other one-on-one time with Father since the divorce.
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8. It is obvious that Brian and [Father] do not have a good relationship with each other and the [clourt finds that their relationship is complicated[,] involving the poor relationships and poor communications between the parties as well as Brian's perception, rightly or wrongly, that [Father] is responsible for causing the deterioration of the marriage.
9. The [clourt finds that, at no time, did Brian completely refuse to have a relationship with Father. Brian had attempted several times to initiate contact between himself and Father and had requested meetings and to spend time together with Father. Brian's only request of Father was that Father's girlfriend not be included in the meetings between [F lather and son. ...
10. Brian testified at the hearing that he wished to attempt to repair the parent-child relationship, that Brian did not believe the relationship between himself and [Father] was irretrievably broken, and that he was willing to attend counseling or have other meetings with Father....
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12. Brian did not consult [Father] prior to making the decision to transfer to Ball State. There is some dispute as to whether Father had Brian's address or telephone number while Brian was at I[ndiana] University]. There is no dispute that Father did not have Brian's address during the past year while Brian was at Ball State; Brian stated that this is because he did not want Father to just "show up."
13. Brian admits to having only two (2) telephone conversations with Father in *130 the last two years, and at least one of those calls involved asking Father for money. Brian also admits that he has told Father on different occasions that he did not want to see him anymore, that he did not respect him, that he did not like him very much, and that he was arrogant.
14. Brian testified that he did not intend to repudiate the relationship with Father, and that he wanted Father to support him financially. He considered asking Father to Dad's Day at Ball State last year, but decided against it feeling it would be too awkward. It is clear that Brian blames Father and Father's companion, Louise, for his parents' divorce. Brian testified that he did not want to go to lunch or dinner with father because he was afraid he would bring Louise.
15. In 2003, Father made an offer to Brian that they go to counseling to work on their relationship. Brian did not answer Father's offer. In [court, Brian testified that he did not want to go to counseling because he didn't see it as effective, it was unnatural, he did not enjoy it, and felt it was a burden. Neither Father nor Brian offered any alternatives for working on a relationship between them
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30. Ball State estimates the total cost for a student to attend the 2004-2005 school year to be Fifteen Thousand Five Hundred Dollars ($15,500.00) for the average student. This includes fees, room, board, books, and miscellaneous expenses.

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Bluebook (online)
830 N.E.2d 127, 2005 Ind. App. LEXIS 1246, 2005 WL 1618766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/staresnick-v-staresnick-indctapp-2005.