These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).
APPEAL FROM THE JOHNSON SUPERIOR COURT. The Honorable Kevin M. Barton, Judge. Cause No. 41D01-9610-JP-3.
M.B., Appellant, Pro se, Indianapolis, Indiana.
ATTORNEY FOR APPELLEE: STEVEN F. FILLENWARTH, Indianapolis, Indiana.
BARNES, Judge. ROBB, J., and BROWN, J., concur.
MEMORANDUM DECISION - NOT FOR PUBLICATION
M.B. ("Mother") appeals the trial court's
modification of child support owed by A.V. ("Father"). We affirm.
Mother raises four issues, which we consolidate and
I. whether the trial court properly modified the weekly child support owed by
II. whether the trial court properly awarded the dependent tax exemption to
Father for 2012 and 2013; and
III. whether the trial court properly refused to order Father to reimburse
Mother for the cost of summer camps.
Mother and Father have one child, C.V., who was born
in December 1995. Paternity was established in 1997, and Mother was awarded sole
legal and physical custody. At that time, Father had a weekly gross income of
$3,187.00. Mother had a weekly gross income of $565.00. Father was ordered to
pay child support of $346.00 per week. The trial court also ordered that
Father's child support obligation be $311.00 per week beginning January 9, 1998.
Mother was awarded the ability to claim C.V. as a dependent for tax purposes.
The trial court ordered Father to pay 85% of uninsured medical expenses in
excess of $1,008.00. In 2001, C.V. was diagnosed with juvenile diabetes, and she
requires significant medical care.
In March 2011, Father filed a petition for
modification of his child support in part because his income had substantially
declined. In August 2011, Mother also requested a modification for child support
to include secondary school educational expenses, health insurance,
transportation expenses, and a cell phone for C.V. A hearing was held on January
Evidence was presented that Father has an interest in
five entities that own or manage pizza restaurants. Father's businesses
experienced a significant downturn in 2011. Father's most profitable restaurant,
which was located in the City Market in downtown Indianapolis, was closed in
April 2011. He has filed a lawsuit against the City of Indianapolis as a result
of the closing, and that litigation is pending. Another of the restaurants at
the Adrian Mall closed in April 2012. Father eventually went to work for his
brother at a restaurant in Franklin. In 2011, Father's income was $20,018.00, ...