Crone, J.
Case Summary
Gregg Roberts (“Father”) appeals the trial court’s order finding him in contempt for failing to pay child support to his child, Makayla Lauren Pickett (“Child”), and ordering him to contribute to her college expenses based on a motion filed by Shonda Pickett (“Mother”). As an initial matter, Father contends that the trial court’s findings of facts and conclusions thereon are inadequate for appellate review. He also argues that the trial court erred by failing to find that Child repudiated him, requiring him to contribute half the balance remaining after Child’s contribution toward college expenses is applied, basing his contribution toward college expenses on the cost of a private university rather than a public university, and ordering him to pay for college expenses incurred before Mother’s motion for college expenses was filed. Finally, he asserts that the trial court erred by ordering him to pay part of the attorney’s fees incurred by Mother as a sanction for being in contempt of court.
We conclude that the trial court’s findings and conclusions are adequate for our review. We also conclude the Father waived his argument that Child repudiated him and that the trial court did not err by ordering Father to pay half the remaining balance of Child’s college expenses and part of Mother’s attorney’s fees. However, we conclude that the trial court erred by basing Father’s contribution toward Child’s college expenses on the costs of a private university rather than a public university and by ordering him to pay for college expenses incurred before Mother’s motion was filed. Therefore, we affirm in part, reverse in part, and remand.
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Section 4 – The trial court abused its discretion by basing Father’s college contribution on the cost of a private college.
Father contends that the trial court abused its discretion by requiring him to assist with the costs of Child’s attendance at a private university rather than a public university. Indiana Child Support Guideline 8(b) provides that “[t]he court may limit consideration of college expenses to the cost of state supported colleges and universities or otherwise may require that the income level of the family and the achievement level of the child be sufficient to justify the expense of private school.” In determining whether educational support should be limited to the cost of in-state, state-supported colleges, the trial court should balance “the advantages of the more expensive college in relation to the needs and abilities of the child with the increased hardship of the parent.” Hinesley-Petry, 894 N.E.2d at 281.
The annual cost to attend Butler is approximately $49,000 per year. Tr. at 25. Child’s scholarships, grants, and financial aid covered about half that expense. Id. The actual cost of her first year at Butler was just under $23,000. Id. at 25-26; Petitioner’s Ex. 4. In addition to Butler, Child applied to and was accepted by Indiana University, Ball State University, and DePauw University. She also received a financial aid package from each school. The annual cost to attend Ball State is approximately $22,000, and Child’s scholarships, grants, and financial aid would have covered about half that cost or about $11,000. Tr. at 38. Thus, the actual annual cost for Child to attend Ball State would have been slightly less than half the actual cost to attend Butler.
Child chose Butler because she thought that it offered “a better education and it’s where [she] wanted to go.” Id. at 33. However, there is no evidence that Butler offered a special curriculum. In addition, there is no evidence that Child discussed her decisionmaking process with Father. The evidence shows that she simply informed him that she was going to go to Butler and asked him to help pay for it. Accordingly, we conclude that the trial court’s decision to order Father to contribute to Child’s college expenses based on the cost of a private university rather than a public university is against the logic and effect of the circumstances before it. Cf. Million v. Swager, 807 N.E.2d 140, 145-46 (Ind. Ct. App. 2004) (concluding that trial court did not err by ordering father to contribute toward child’s education at Cornell University where it capped his contribution at $4000 per year, there was no evidence of expenses that child would incur at an in-state, public university, and father’s complaint that the decision was made without him was misplaced because child tried to discuss decision with him but father failed to return child’s calls and father admitted that he did not communicate with mother regarding child’s upbringing). Therefore, we remand with instructions to order that Father’s obligation toward Child’s college expenses be based on the costs of a public university.
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…We reverse that portion of the order basing Father’s contribution to Child’s college expenses on the cost of a private university and remand for Father’s obligation to be based on the costs of a public university. We also reverse the portion of the order that requires Father to pay a share of Child’s college expenses incurred before Mother’s motion for college expenses was filed. We remand for the trial court to order Father to contribute to Child’s college expenses consistent with this opinion.
Affirmed in part, reversed in part, and remanded.
May, J., and Bradford, J., concur.