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M.B. v. A.V.

Court of Appeals of Indiana

February 6, 2014

M.B., Appellant,
v.
A.V., Appellee

Editorial Note:

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.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

BARNES, Judge.

Case Summary

M.B. ("Mother") appeals the trial court's modification of child support owed by A.V. ("Father"). We affirm.

Issues

Mother raises four issues, which we consolidate and restate as:

I. whether the trial court properly modified the weekly child support owed by Father;

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.

Facts

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 10, 2013.

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, ...


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