Thomas v. Orlando

834 N.E.2d 1055, 2005 Ind. App. LEXIS 1796, 2005 WL 2386113
CourtIndiana Court of Appeals
DecidedSeptember 29, 2005
Docket45A05-0503-JV-136
StatusPublished
Cited by5 cases

This text of 834 N.E.2d 1055 (Thomas v. Orlando) 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
Thomas v. Orlando, 834 N.E.2d 1055, 2005 Ind. App. LEXIS 1796, 2005 WL 2386113 (Ind. Ct. App. 2005).

Opinion

OPINION

BAKER, Judge.

"Education costs money, but then so does ignorance." 1 Appellant-respondent Robert Thomas appeals from the trial court's order regarding child support for his minor child, whose mother is appellee-petitioner Jessica Orlando. In particular, Robert argues that the trial court erred in: (1) allowing childcare expenses to be a component of child support for the period of time when Jessica was attending college rather than working; (2) failing to impute income to Jessica while she was a full-time college student; and (3) awarding attorney's fees to Jessica. Concluding that attending college is a work-related activity pursuant to the Child Support Guidelines and finding no other error, we affirm the judgment of the trial court.

FACTS

S.T. was born in Dyer to Robert and Jessica, who were not married at the time, on January 22, 2001. The record does not reveal the precise nature of the relationship between Robert and Jessica, but it is apparent that at some point following S.T.'s birth, the relationship deteriorated dramatically.

Jessica began attending Purdue University in Calumet on May 14, 2001, and she graduated on May 12, 2008, receiving a teaching certificate. Upon the completion of her education, Jessica was able to secure employment as a teacher. During the time when Jessica was a full-time student, Jessica and S.T. lived with Jessica's parents. While Jessica was attending classes, she paid a childeare provider to care for S.T.

On February 7, 2002, Jessica filed a petition to establish paternity, also seeking *1057 a determination regarding custody, visitation, and medical expenses pertaining to S.T. On May 28, 2002, Robert's paternity was officially established. On June 26, 2003, the trial court entered a modified interim court order, noting, among other things, that the trial court "accepts the agreement of the parties regarding visitation and hereby orders visitation as agreed by the parties. That in the event the parties cannot reach agreement, Respondent/Father shall have visitation pursuant to the Indiana Parenting Time Guidelines." Appellant's App. p. 28.

After holding a hearing on all pending issues, the trial court issued a final order on October 18, 2004. The trial court issued sua sponte findings of fact in which it found, in pertinent part, as follows:

1. The calculations set forth in the Child Support Guideline Worksheets submitted by Mother are accurately supported by the income information submitted to the Court. It is appropriate to impute minimum wage income to Mother during the time periods when she was attending college full time since she was working toward improving her income potential which would ultimately be of benefit to the child. The fact that she was living at home and had help from family members to meet her day to day needs is not imputable to her as income....
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3. Given the parenting time orders in effect during the pendency of this case, Father was not entitled to a right of first refusal to babysit for the child. The day care expenses incurred by Mother were supported by the evidence and were legitimately incurred since their purpose was to allow her time to attend classes and complete her degree which, ultimately, resulted in her obtaining a teaching certification and obtaining employment as a teacher. The increased income and earning potential achieved by Mother as a result of her obtaining a degree certainly benefits the child. The day care expenses she incurred were, therefore, work-related and properly included in the support calculations.
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5. The income disparity between Mother and Father throughout most of the pendency of this case entitles Mother to have Father pay a portion of her attorney fees.

Appellant's App. p. 11-12. Robert now appeals.

DISCUSSION AND DECISION

Robert contends that the trial court erred in calculating the amount of child support for which he is responsible and in concluding that he is responsible for a portion of Jessica's attorney's fees. In particular, he argues that the trial court erred in: (1) allowing childeare expenses to be a component of child support during the period of time when Jessica was attending college rather than working; (2) failing to impute income to Jessica while she was a full-time college student; and (8) awarding attorney's fees to Jessica.

As we consider these arguments, we note that when reviewing the trial court's findings of fact and conclusions thereon, we consider whether the evidence supports the findings and whether the findings support the judgment. Ratliff v. Ratliff, 804 N.E.2d 237, 244 (Ind.Ct.App.2004). Findings of fact will be set aside only if they are clearly erroneous, which oceurs only when the record contains no facts to support them either directly or by inference. Id. A judgment is clearly erroneous if it applies the wrong legal standard to properly found facts. Id. To determine that a finding or conclusion is clearly erroneous, our review of the evidence must *1058 leave us with the firm conviction that a mistake has been made. Id.

I. Childcare Expenses

Robert argues that the trial court erred in allowing childeare expenses to be a component of child support for the period of time while Jessica was a full-time college student. In particular, he contends that the Child Support Guidelines mandate that childeare expenses are a proper component of child support only when the parent with primary custody is employed or searching for a job. According to Robert, being a full-time student does not qualify.

Childeare Support Guideline 3(E) specifies that

[clhild care costs incurred due to employment or job search of both parent(s) should be added to the basic obligation. It includes the separate cost of a sitter, day care, or like care of a child or children while the parent works or actively seeks employment. Such child care costs must be reasonable and should not exceed the level required to provide quality care for the children. Continuity of child care should be considered. Child care costs required for active job searches are allowable on the same basis as costs required in connection with employment.

In addition, the commentary notes that

[wlork-related child care expense is an income-producing expense of the parent. Presumably, if the family remained intact, the parents would treat child care as a necessary cost of the family attributable to the children when both parents work. Therefore, the expense is one that is incurred for the benefit of the child(ren) which the parents should share.

Child Support Guideline 3(E), emt. 1.

Robert first contends that there was no evidence in the record supporting the total amount of childeare expenses as calculated by the trial court. Given that Robert's attorney objected to and prevented Jessica's attorney from introducing precisely this evidence at the hearing, this argument is misleading at best.

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834 N.E.2d 1055, 2005 Ind. App. LEXIS 1796, 2005 WL 2386113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-orlando-indctapp-2005.