Francis M. Laux, Appellant-Respondent,
Pauletta Leann (Laux) Ferry, Appellee-Petitioner
Appeal from the Hamilton Superior Court. The Honorable Jerry M. Barr, Senior Judge. Cause No. 29D02-9804-DR-192.
ATTORNEY FOR APPELLANT: Deborah Farmer Smith, Campbell Kyle Proffitt LLP, Carmel, Indiana.
ATTORNEY FOR APPELLEE: R. Lee Money, Greenwood, Indiana.
Baker, Judge. Friedlander, J., and Crone, J., concur.
[¶1] Francis Laux (Father) appeals the trial court's order on Pauletta (Laux) Ferry's (Mother's) petition to modify Father's child support obligation. Father raises the following arguments on appeal: (1) the trial court erroneously determined Father's child support obligation; (2) the trial court erroneously calculated Father's accrued child support underpayment. We
find that the trial court erroneously credited Mother for Child's health insurance payments given that her husband (Stepfather) makes those payments and the trial court elected to treat Mother and Stepfather as separate financial entities. We find no other error. We affirm in part, reverse in part, and remand with instructions.
[¶2] Mother and Father were married at some point in the past. One child, Child, was born of the marriage on August 28, 1996. Mother and Father were divorced in March 1999, when the trial court entered a decree of dissolution incorporating their settlement agreement.
[¶3] The parties' settlement agreement provided that Father would pay child support in the amount of $1,000 per month. At that time, Father's income totaled $1,615.38 per week.
[¶4] On August 20, 2013, Mother filed a petition to modify Father's child support obligation. The trial court held an evidentiary hearing on the petition on May 7 and May 28, 2014. At the hearing, the following evidence was offered:
o During the four-year period preceding the hearing, Father's income averaged $6,136 per week. At the time of the hearing, he was a self-employed chiropractor with multiple offices in Marion County, and his weekly income during the year prior to the hearing totaled $4,943.50. Father testified that his income ...