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FOR PUBLICATION
ATTORNEY FOR APPELLANT: JANET L. MANSHIP Pritizke & Davis Greenfield, Indiana ATTORNEYS FOR APPELLEE: BRIAN M. KUBICKI BRIAN R. GATES Jones Obenchain South Bend, Indiana

FILED
Aug 07 2008, 9:08 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
CRAIG CROSS, Appellant-Respondent, vs. VICTORIA CROSS, Appellee-Petitioner. ) ) ) ) ) ) ) ) )

CLERK

No. 49A05-0802-CV-94

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Cynthia Ayers, Judge The Honorable Deborah J. Shook, Master Comissioner Cause No. 49D04-0011-DR-1621

August 7, 2008 OPINION - FOR PUBLICATION BROWN, Judge

Craig Cross appeals the trial court's grant of Victoria Cross's petition for modification of child support and the denial of his petition to claim their children for tax exemption purposes. Craig raises five issues, which we consolidate and restate as: I. Whether the trial court abused its discretion by granting Victoria's motion to withdraw admissions; Whether the trial court abused its discretion by granting Victoria's petition for modification of child support; and Whether the trial court erred when it denied Craig's petition to claim their children for tax exemption purposes.

II.

III.

We affirm in part, reverse in part, and remand. The relevant facts follow. Craig and Victoria are the parents of J.C., born Craig and Victoria's marriage was

November 1989, and V.E.C., born June 1981.

dissolved in August 2001. Pursuant to the decree of dissolution, Victoria was awarded custody of their two children, and Craig was ordered to pay child support in the amount of $100 a week. On August 12, 2005, Victoria filed a petition for modification of child support. On September 8, 2005, Craig served discovery requests on Victoria, including a request for admissions seeking to establish that V.E.C. was an emancipated child under Ind. Code

Download Craig Cross v. Victoria Cross.pdf

Indiana Law