Christine Jarrett v. Christopher Jarrett (mem. dec.) ( 2018 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), FILED
this Memorandum Decision shall not be
regarded as precedent or cited before any Mar 29 2018, 9:04 am
court except for the purpose of establishing CLERK
Indiana Supreme Court
the defense of res judicata, collateral Court of Appeals
and Tax Court
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEY FOR APPELLEE
Stacy L. Kelley Steven T. Fulk
Glaser & Ebbs Fulk & Associates L.L.C.
Indianapolis, Indiana Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Christine Jarrett, March 29, 2018
Appellant-Respondent, Court of Appeals Case No.
49A02-1705-DR-1092
v. Appeal from the Marion Superior
Court
Christopher Jarrett, The Honorable James B. Osborn,
Appellee-Petitioner Judge
Trial Court Cause No.
49D14-1407-DR-24709
May, Judge.
[1] Christine Jarrett appeals the denial of the motion to correct error she filed
following the trial court’s final decree dissolving her marriage to Christopher
Jarrett. Christine asserts the trial court abused its discretion by refusing her
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requests at trial and in the motion to correct error for spousal maintenance and
attorney’s fees.
[2] We affirm.
Facts and Procedural History 1
[3] Christine and Christopher married on August 9, 2009. They both worked at
AT&T at that time. The parties had no children. The parties separated in May
2014. On July 23, 2014, Christopher filed a petition for dissolution. Christine
filed a cross-petition on October 2, 2014. In her cross-petition, Christine
requested spousal maintenance and attorney fees. The trial court set several
preliminary hearings, but all were continued. On April 5, 2016, December 16,
2016, and January 26, 2017, hearings were held on Christopher’s Motions for
Rule to Show Cause. However, no preliminary hearings were held regarding
Christine’s requests. The final hearing was held on February 21, 22, and 23,
2017.
[4] Christine worked at AT&T until January 2013. 2 However, she resigned and
worked only sporadically afterward. She worked for short periods of time at a
1
We remind both counsel of their duty to follow the Indiana Appellate Rules. Indiana Appellate Rule
46(A)(6) requires the statement of facts be “stated in accordance with the standard of review appropriate to
the judgment or order being appealed.” Indiana Appellate Rule 46(A)(6)(c) requires the statement of facts
“shall be in narrative form and shall not be a witness by witness summary of the testimony.” See also Ind.
App. R. 46(B) (“appellee’s brief shall conform to Section A of this rule . . .”).
2
Evidence was presented Christine was on short term disability from AT&T prior to her resignation.
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community action coalition 3 and a collection agency. In 2014, after
Christopher had vacated the marital residence, Christine put a post on
Facebook indicating she was employed at Toyota. In an interrogatory answer,
Christine indicated she had worked for Toyota but was precluded from keeping
the job because of her health issues. Early in 2016, Christine worked for a short
period of time at Xerox but resigned when her disability benefits were approved
in May 2016. Throughout the marriage and the pendency of the divorce,
Christine also pursued an EEOC claim against AT&T and worked to advance
her adult son’s music career.
[5] In 2012, Christine applied for disability benefits from the Social Security
Administration. Her claim was denied at least once. On appeal, her benefits
were approved on May 10, 2016, retroactive to July 1, 2012. The Social
Security Administration found Christine was disabled due to “history of
headache disorder, visual defect, restless leg syndrome, atypical chest pain,
carpal tunnel syndrome, and back problems; obesity; personality disorder;
depression; and anxiety[.]” (Ex. Vol. V at 75.)
[6] Christopher vacated the marital residence in July 2014. At that time, he ceased
paying the bills for the residence. Subsequently, the house was foreclosed upon,
and Christine moved in with family members.
3
According to Christine, this coalition helped low income people pay their utility bills.
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[7] On March 29, 2017, the trial court entered findings of fact and conclusions of
law dissolving the marriage. Within its findings that “no real property debt or
asset[ ] exists in the marital estate to be divided,” (App. Vol. II at 18), the trial
court found that although Christine was approved for disability benefits, it was
not convinced she was entitled to spousal maintenance. Specifically, the trial
court found
the Court is not convinced beyond a preponderance of the
evidence that Wife is materially affected. There is conflicting
evidence about whether Wife has been working while on
disability. Furthermore, Wife’s testimony has not been entirely
credible. The Court does not find that spousal maintenance is
necessary and therefore declines to order same.
(Id. at 22-23.)
[8] As to attorney’s fees, the trial court found it had earlier found Christine “in
contempt for willful failure to respond to requested discovery and entered
sanctions including an award of attorney[‘s] fees.” (Id. at 23.) Other than the
contempt sanctions, both parties were ordered to cover their own attorney’s
fees.
[9] On April 27, 2017, Christine filed a motion to correct error alleging the trial
court erred when it denied her request for spousal maintenance and attorney’s
fees. She alleged the trial court’s order was not supported by the evidence and
the testimony. In her motion she argued both parties had testified as to her
work history and her Exhibit C was entered into evidence without objection.
Exhibit C was a document filled out by Christopher for the Social Security
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Administration. Within that document Christopher had documented his
impressions of Christine’s ability to work and care for herself. Christopher had
stated, amongst other things, Christine “cannot stay focused to pay attention
during conversation [sic] or to pay attention to detail to complete tasks on time
or properly.” (Ex. Vol. V at 65.) Additionally, Christine testified she had been
unable to maintain meaningful employment since July 2012. Christine asserted
that this evidence, together with evidence of Christopher’s income, showed she
was entitled to spousal maintenance.
[10] As to the attorney’s fees, Christine asserted the trial court did not enter findings
of fact or conclusions of law as to whether it considered the resources of the two
parties or their ability to engage in gainful employment when it denied
Christine’s request for attorney’s fees. Christine argued she should have been
awarded attorney’s fees because the parties’ incomes were substantially
disparate. The trial court denied her motion on May 1, 2017.
Discussion and Decision
[11] Christine appeals the trial court’s denial of her requests for spousal maintenance
and attorney fees. She asserts the trial court abused its discretion when it
denied her requests at trial and in her motion to correct error. We review a trial
court’s grant or denial of a motion to correct error for an abuse of discretion.
Inman v. Inman, 898 N.E.2d 1281, 1284 (Ind. Ct. App. 2009). An abuse of
discretion occurs if the trial court’s decision is against the logic and effect of the
facts and circumstances that were before the court. Id. Determining whether
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the court abused its discretion when it denied the motion to correct error
requires we review the propriety of the trial court’s underlying judgment. In re
Guardianship of M.N.S., 23 N.E.3d 759, 766 (Ind. Ct. App. 2014).
[12] We note the record does not reflect that either party asked the trial court to
enter findings pursuant to Indiana Trial Rule 52. 4 Nevertheless, the trial court
entered a number of findings sua sponte as authorized by the Rule. When a
general judgment is entered with findings, we will affirm it if it can be sustained
on any legal theory supported by the evidence. Yanoff v. Muncy, 688 N.E.2d
1259, 1262 (Ind. 1997). Findings will be set aside only if they are clearly
erroneous. Id. A finding is clearly erroneous only if the record contains no
facts to support it either directly or by inference, and a judgment is clearly
erroneous if it applies the wrong legal standard to properly found facts. Id.
Superfluous findings, even if erroneous, cannot provide a basis for reversible
error. Mullin v. Mullin, 634 N.E.2d 1340, 1341-42 (Ind. Ct. App. 1994).
Spousal Maintenance
[13] The trial court’s decision whether to award maintenance is wholly within its
discretion, and we will reverse only when the decision is clearly against the
logic and effect of the facts and circumstances of the case. Augspurger v. Hudson,
802 N.E.2d 503, 508 (Ind. Ct. App. 2004). The presumption that the trial court
4
The parties do not mention whether either party filed a request for findings under Indiana Trial Rule 52.
Nor do we find entry of such a filing in the Chronological Case Summary. As such, we presume the court’s
findings of fact and conclusions of law were entered sua sponte.
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correctly applied the law in deciding whether to award spousal maintenance is
one of the strongest presumptions applicable to the consideration of a case on
appeal. Id.
[14] Indiana Code § 31-15-7-2 provides, in pertinent part:
A court may make the following findings concerning
maintenance:
(1) If the court finds a spouse to be physically or mentally
incapacitated to the extent that the ability of the incapacitated
spouse to support himself or herself is materially affected, the
court may find that maintenance for the spouse is necessary
during the period of incapacity, subject to further order of the
court.
[15] The language of the statute indicates a maintenance award is not mandatory,
even if a trial court finds a spouse’s incapacity materially affects her ability to
support herself. Bizik v. Bizik, 753 N.E.2d 762, 769 (Ind. Ct. App. 2001), trans.
denied. Our Indiana Supreme Court has noted the statute’s language evinces “a
clear legislative intent to retain fairly strict limits on the power of courts to order
maintenance without the consent of the parties.” Voigt v. Voigt, 670 N.E.2d
1271, 1277 (Ind. 1996). As such an award is designed to help provide for a
spouse’s sustenance and support, the essential inquiry is whether the
incapacitated spouse has the ability to support himself or herself. Alexander v.
Alexander, 980 N.E.2d 878, 881 (Ind. Ct. App. 2012). We will not reverse a
judgment merely because we might have, on the same evidence, reached a
different conclusion. Id.
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[16] Here, the trial court considered the spousal maintenance statute but found it
was “not convinced beyond a preponderance of the evidence that [Christine’s
ability to support herself was] materially affected.” (App. Vol. II at 22-23.) The
trial court indicated conflicting evidence as to Christine’s work history had been
presented and that it did not find Christine’s testimony to be “entirely credible.”
(Id. at 23.)
[17] At the hearing, evidence indicated Christine had worked a number of places
after she resigned from AT&T. Christine testified she had worked for short
periods of time at a community action coalition, a collection agency, and
Xerox. In a Facebook post, Christine indicated she was working at Toyota,
and in discovery, Christine stated she had “tried to work lately with Toyota, but
ha[d] not been able to sustain the job because of [her] health.” (Ex. Vol. V at
42.) However, at the hearing, Christine denied working for Toyota and stated it
was “a fraudulent text. [She] wanted to see if [Christopher] was watching [her]
Facebook[.]” (Tr. Vol. IV at 27.)
[18] We cannot say the trial court abused its discretion in denying Christine’s
request for spousal maintenance after finding the evidence of her work history
was conflicting and her testimony was not credible. Christine’s arguments are
invitations to reweigh the evidence and judge the credibility of the witnesses,
which we cannot do.5 See In re Paternity of Pickett, 44 N.E.3d 756, 763 (Ind. Ct.
5
Christine also points to evidence of her inability to support herself. However, Christine began receiving
disability benefits in the latter part of 2016 and then quit her job at Xerox. Christine did not present any
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Ohio App. 2015) (even if the record has evidence to support a contrary outcome, the
appellate court considers the evidence favorable to the trial court’s judgment).
Attorney’s Fees
[19] A court “may order a party to pay a reasonable amount for the cost to the other
party of maintaining or defending any proceeding under this article and for
attorney’s fees[.]” Ind. Code § 31-15-10-1. We review for an abuse of
discretion a decision on attorney’s fees in connection with a dissolution decree.
Crider v. Crider, 15 N.E.3d 1042, 1053 (Ind. Ct. App. 2014), trans. denied. When
deciding whether to award attorney’s fees, trial courts must consider the relative
resources of the parties, their economic condition, the ability of the parties to
engage in gainful employment and earn adequate income, and other factors that
bear on the reasonableness of the award. Id.
[20] The legislative purpose behind Indiana Code section 31-15-10-1 is to ensure that
a party in a dissolution proceeding is able to retain representation when he or
she would otherwise be unable to afford an attorney. Id. When one party is in
a superior position to pay fees over the other party, an award of attorney fees is
proper. Id.
[21] The trial court summarily denied Christine’s request for attorney’s fees, stating
only: “Regarding all other hours incurred, the parties shall each bear their own
evidence that she was unable to support herself after she was approved for disability benefits. Thus, we again
cannot say the evidence leads us to conclude the trial court abused its discretion.
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attorney[‘s] fees and costs.” (App. Vol. II at 23.) Although Christine is correct
the trial court did not provide specific findings regarding the factors it
considered when it ordered each party to bear its own costs, the trial court had
already found conflicting evidence had been presented “about whether
[Christine] has been working while on disability[,]” (id.), and Christine’s
“testimony has not been entirely credible.” (Id.) These findings were sufficient
to support the court’s decision not to award attorney’s fees. See Stone v. Stone,
991 N.E.2d 992, 998 (Ind. Ct. App. 2014) (when trial court enters findings sua
sponte, “specific factual findings control only the issues they cover, while a
general judgment standard applies to issues on which there are no findings”),
aff’d on reh’g, 4 N.E.3d 666 (Ind. Ct. App. 2013).
Conclusion
[22] The trial court did not abuse its discretion when it denied Christine’s requests
for spousal maintenance and attorney’s fees and, thus, did not abuse its
discretion when it denied her motion to correct error. Accordingly, we affirm.
[23] Affirmed.
Vaidik, C.J., and Altice, J., concur.
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