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ATTORNEY FOR APPELLANT Bryan Lee Ciyou Indianapolis, Indiana

ATTORNEY FOR APPELLEE Michael Cheerva Indianapolis, Indiana

______________________________________________________________________________

In the

Indiana Supreme Court
_________________________________ No. 49S04-0409-CV-00429 DONNA J. MACLAFFERTY, Appellant (Respondent below), v. WILLIAM P. MACLAFFERTY, Appellee (Petitioner below). _________________________________ Appeal from the Marion County Superior Court, No. 49D03-0212-DR-2054 The Honorable Patrick McCarty, Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 49A04-0309-CV-491 _________________________________ June 28, 2005 Sullivan, Justice.

The trial court reduced William P. MacLafferty's child support obligation by approximately 14% after Donna J. McLafferty, the custodial parent of their two children, obtained fulltime employment and thereby increased her weekly income by $375. Because the increase in her income is extremely modest compared to his income, we find that requirements set by the Legislature for modifying the terms of a prior child support order--a showing of changed circumstances "so substantial and continuing as to make the terms unreasonable"--have not been met.

Background

The marriage of William P. MacLafferty ("Father") and Donna J. MacLafferty ("Mother") was dissolved on June 30, 1995. Physical custody of the couple's two children was awarded to Mother. Since then, Mother and Father have been back to court a number of times with disputes over child support, parenting time, and other issues. In the proceeding immediately prior to the litigation at hand, Father's prior child support obligation of $406 per week was modified by court order dated April 17, 2002, to $364 per week plus six percent of any bonus income earned.

Father filed a petition to modify the April 17, 2002, order on October 28, 2002, requesting that his support obligation be decreased because Mother had obtained full-time employment, and her income had increased. According to the trial court, obtaining full-time employment caused Mother's income for child support purposes to increase from $324 per week ($16,848 annualized) to $709 ($36,868 annualized). Father's income for child support purposes also increased during this time period, from $2,287 per week ($118,924 annualized) to $2,407 ($125,164 annualized); none of these amounts include bonuses. 1

Father's petition also sought changes in parenting time and the treatment of the children's summer camp expenses and requested that Mother be directed to comply with various provisions of prior court orders concerning parenting time.

After a hearing on April 14, 2003, the court granted Father's petition on July 10, 2003. The court's order reduced Father's child support obligation to $313 per week (plus 6% of any bonus income earned), a 14% reduction from the previous amount, and granted Father the other relief he sought with respect to parenting time (including the directives to Mother relating to compliance) and children's summer camp expenses.

1

The amounts set forth represent income calculated in accordance with the Indiana Child Support Guidelines and may differ from actual income because of certain adjustments required by the Guidelines. Annualized amounts are the weekly income amounts multiplied by 52.

2

Mother appealed, but the Court of Appeals affirmed. MacLafferty v. MacLafferty, 811 N.E.2d 450, 454 (Ind. Ct. App. 2004). Mother then sought, and we granted, transfer. 822 N.E.2d 977.

Discussion

Our review of the support modification order at issue here is controlled by Indiana Code Section 31-16-8-1. In relevant part, the statute provides:

Provisions of an order with respect to child support . . . may be modified or revoked. . . . [M]odification may be made only: (1) upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable; or (2) upon a showing that: (A) a party has been ordered to pay an amount in child support that differs by more than twenty percent (20%) from the amount that would be ordered by applying the child support guidelines; and (B) the order requested to be modified or revoked was issued at least twelve (12) months before the petition requesting modification was set. Ind. Code

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Indiana Law