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02/23/88 MARRIAGE GREGORY D. FERGUSON (DEFENDANT

Filed: February 23, 1988.

IN RE: THE MARRIAGE OF GREGORY D. FERGUSON, APPELLANT (DEFENDANT BELOW), AND KATHLEEN R. FERGUSON, APPELLEE (RESPONDENT BELOW).


Appeal from the Allen Circuit Court, The Honorable Robert W. Hultquist, Special Judge, Cause No. CC-86-1834

Ratliff, C.j., Neal, J., concurs. Buchanan, J., concurs in result.

Author: Ratliff

RATLIFF, C.J.

STATEMENT OF THE CASE

Gregory Ferguson appeals an Allen Circuit Court order awarding custody of his children to Kathleen Ferguson and ordering him to pay child support. We affirm.

FACTS

Greg and Kathy Ferguson were married on June 14, 1980. They had two children, Jennifer, born August 2, 1983, and Sara, born May 6, 1985. On September 29, 1986, Kathy moved out of the couple's Fort Wayne home and re-located in Indianapolis. Four days later, Greg filed a petition to dissolve his marriage to Kathy. Greg was granted temporary custody of the children pending the final decree of dissolution.

A hearing was held on April 20, 1987. The court issued a decree on May 7 awarding custody to Kathy and ordering Greg to pay support in the amount of $600 per month plus 20% of any bonus Greg might receive. Greg subsequently perfected this appeal. Additional facts are stated in our Discussion of the issues.

ISSUES

The issues to be resolved on appeal are:

1) Did the trial court improperly use its award of custody to punish Greg for perceived misconduct which occurred during the time his petition for dissolution was pending?

2) Did the trial court abuse its discretion by awarding custody to Kathy?

3) Did the trial court abuse its discretion by including in its support order a percentage of any discretionary bonus received by Greg?

Discussion AND DECISION

When reviewing both custody and support orders, we apply a manifest abuse of discretion standard. Means v. Means (1987), Ind.App., 511 N.E.2d 323, 324; Fox v. Fox (1984), Ind.App., 466 N.E.2d 789, 790. We therefore may not reverse a trial court's determination unless it is clearly against the logic, facts and circumstances before the trial court. Fox, supra at 790. Deference must be given to ...


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