Dayne J. Marshall, Appellant-Respondent,
Angela M. Marshall, Appellee-Petitioner.
from the Wabash Superior Court The Honorable Patrick R.
Miller, Special Judge Trial Court Cause No. 85D01-0811-DR-424
ATTORNEY FOR APPELLANT Mark C. Guenin Guenin Law Office, P.C.
ATTORNEY FOR AMICUS CURIAE NEIGHBORHOOD CHRISTIAN LEGAL
CLINIC Amy C. Cornell Wabash, Indiana
ATTORNEY FOR APPELLEE R.P. Fisher Fisher & Ireland
Dayne J. Marshall ("Father") appeals from the trial
court's order modifying child support and raises the
issue of whether the trial court erred in entering the weekly
gross income of Angela M. Marshall ("Mother") on
its child support obligation worksheet. Mother cross-appeals
and raises a number of issues including whether the court
erred in determining that she was voluntarily underemployed,
in determining Father's weekly gross income, in finding
her in contempt, and in denying her request for attorney
fees. We affirm in part, reverse in part, and remand.
and Procedural History
Father and Mother were married in January of 2005 and had a
child in March of 2008. In June of 2009, the trial court
entered a final decree dissolving the parties' marriage,
and the decree incorporated a settlement agreement related to
custody, parenting time, and the division of property. The
settlement agreement provided that Father and Mother would
have joint legal custody, Father would have physical custody,
and no child support would be due at that time. On August 30,
2010, the court entered an order which stated in part that
Father had filed a motion for modification of child support
and ordered that Mother begin making child support payments
of fifty-two dollars per week.
On April 12, 2016, Mother filed a motion for modification of
child support alleging there had been a substantial and
continuing change in circumstances and that application of
the guidelines would result in a decrease of support of more
than twenty percent. On August 5, 2016, Father filed an
affidavit for citation for contempt of court stating that
child support of fifty-two dollars per week was payable by
Mother beginning on August 27, 2010, that Mother had
willfully disobeyed the order in that she refused to pay
child support, that through July 31, 2016, Mother was in
arrears in the sum of $4, 157, and that Mother should be
required to pay all expenses incurred as a result of the
violation. On April 28, 2017, the court held a hearing on the
parties' motions at which they presented evidence
regarding, among other matters, their work and incomes. Both
parties requested attorney fees.
On June 5, 2017, the court issued an order which provided in
1. The Court adopts the Child Support Obligation Worksheet
attached hereto as Exhibit A. The CSOW imputes [Mother's]
income on a full time, rather than a part time, basis.
2. The Court determines that [Mother] met her burden in
demonstrating a modification of child support is warranted.
3. Therefore, the Court orders that [Father] shall pay to
[Mother] child support in the amount of $58.00 per week
commencing Friday April 15, 2016. [Mother]'s prior weekly
child support obligation is terminated effective April 14,
* * * * *
5. [Mother]'s child support arrearage as of April 14,
2016 is $4, 151.00.
6. From April 15, 2016 through April 28, 2017, [Mother] paid
weekly child support, not due as a result of this
modification in the sum of $2, 130.00 which shall reduce her
child support arrearage to $2, 021.00.
7. [Father]'s child support arrearage as of and including
April 28, 2017 (date of court hearing) is $3, 190.00.
8. The Court offsets the parties' child support
arrearages and finds that [Father] now owes a net child
support arrearage as of and including April 28, 2017 of $1,
9. In addition to his regular weekly child support
obligation, [Father] shall pay the sum of $25.00 per week
until the child support arrears are paid in full.
* * * * *
12. For child support calculations, the Court has
specifically found that:
a. [Mother] is voluntarily underemployed and therefore her
income is imputed ...