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In re Paternity of T. M.-B.

Court of Appeals of Indiana

June 28, 2019

In the Matter of the Paternity of T. M.-B. (Child),
v.
Julie Mapletoft, Appellee-Respondent Robert E. Bush, Appellant-Petitioner,

          Appeal from the Lake Superior Court The Honorable Thomas P. Stefaniak, Judge The Honorable Aimee M. Talian, Magistrate Trial Court Cause No. 45D06-1203-JP-694

          Attorneys for Appellant Edward J. Calderaro Kristin R. Valdivia Sachs & Hess, P.C. St. John, Indiana

          Attorney for Appellee George P. Galanos Crown Point, Indiana

          MAY, JUDGE

         [¶1] Robert E. Bush ("Father") appeals the paternity order entered in his action against Julie Mapletoft ("Mother") regarding the support of their daughter, T. M.-B. ("Child"). He raises six issues for our review, which we restate as:

1. Whether the trial court abused its discretion in holding Father's gambling income should be treated as regular income for the purpose of calculating Father's child support obligation;
2. Whether the trial court abused its discretion in awarding Mother credit for healthcare premiums in the amount ordered;
3. Whether the trial court abused its discretion in clarifying a previously agreed order to provide a price range and other guidance to govern the purchase of a horse for Child; and
4. Whether the trial court abused its discretion in finding Father in contempt for failing to pay for horseback riding lessons for 2017-18 and for failing to purchase a saddle for Child.

         We affirm in part, reverse in part, and remand.

         Facts and Procedural History

         [¶2] Mother and Father have one daughter, Child. Child was born in 2005. On June 10, 2013, the trial court determined Father's paternity of Child and ordered Father to pay $690.00 per week in child support. The decree directed Mother to carry Child on her work-related health insurance policy. It also directed Father to pay 84% and Mother to pay 16% of the costs associated with Child's extracurricular activities. On March 13, 2015, the court entered an agreed order after both Mother and Father filed verified motions for contempt. In relevant part, the order provided:

B. That the 2015-2016 extra-curricular activities will be horseback riding and gymnastics. Mother will pay all of the gymnastics fees if the child decides to do gymnastics. Father will pay all of the horseback riding fees and will buy the child a horse and saddle.
C. That for the years after the 2015-2016 school year, the mother and father will discuss the extra-curricular activities the child chooses and whatever activities are agreed upon, father will pay 84% directly to the school if it is allowed to be paid that ...

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