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In re Marriage of Clary-Ghosh

Court of Appeals of Indiana

February 9, 2015

In Re: the Marriage of: Meleeka Clary-Ghosh, Appellant-Defendant,
v.
Michael Ghosh, Appellee-Plaintiff

Page 987

[Copyrighted Material Omitted]

Page 988

Appeal fro the Hamilton Superior Court. Cause No. 29D03-0908-DR-2586. The Honorable William J. Hughes, Judge.

ATTORNEY FOR APPELLANT: Mark Small, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: Ryan H. Cassman, Cathy M. Brownson, Coots Henke & Wheeler, P.C., Carmel, Indiana, Michael Ghosh, Carmel, Indiana.

Barnes, Judge. May, J., and Pyle, J., concur.

OPINION

Page 989

Barnes, Judge.

Case Summary

[¶ 1] Meleeka Clary-Ghosh appeals the trial court's modification of parenting time and child support, the award of attorney fees to her ex-husband, Michael Ghosh, as a sanction for contempt, and the denial of her request for the appointment of a parenting time coordinator. We affirm.

Issues

[¶ 2] Meleeka raises four issues, which we restate as:

I. whether the trial court properly modified her parenting time;
II. whether the trial court properly imputed income to her;
III. whether the trial court properly found her incontempt and ordered her to pay a portion of Michael's attorney fees; and
IV. whether the trial court properly denied her request for a parenting time coordinator.

Facts

[¶ 3] Meleeka and Michael were married and had a son, M.G. The marriage was dissolved and, in 2010, Michael was awarded legal and physical custody of then two-year-old M.G. Meleeka was awarded parenting time overnight every Wednesday at 6:00 p.m. until Thursday at 10:00 a.m. and alternating weekends, beginning at 6:00 p.m. on Friday and continuing until Monday at 10:00 a.m. Meleeka, a full-time doctoral student, was not ordered to pay any child support.

[¶ 4] Meleeka and Michael's relationship was acrimonious and resulted in the filing of numerous motions and petitions following the dissolution, including several contempt petitions by both parties, a request for the appointment of a parenting time coordinator and a motion to modify custody by Meleeka, and motions to modify parenting time and child support by Michael.

[¶ 5] After several hearings, the trial court found Michael in contempt for failing to forward school information about M.G. to Meleeka. As a sanction, the trial court issued a $100 fine, which was suspended, and ordered him to pay $500 of Meleeka's attorney fees. The trial court also found that Meleeka was in contempt for her failure to pay school fees in the amount of $7,323.69. As an additional sanction for Meleeka's contempt and as an exercise of its authority to apportion attorney fees in a dissolution ...


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