ORDER FROM AUGUST 19, 2020 HEARING

IN RE:

THE

MARRIAGE

OF:

SHANNON

PONTNEY,

JANAK

K.

PATEL,

STATE

OF INDIANA

HENDRICKS

COUNTY

HENDRICKS SUPERIOR

COURT

NO.

4

CASE

NO.: 32D04-1703-DC4181

Mother,

and

vvvvvvvvvvv

Father.

ORDER

FROM

AUGUST

19,

2020

HEARING

This matter

came

beforethe Court

0n August

19,

2020

forahearing

0n

Mother’s Verified

Consolidated Petition t0

Modzfiz

Parenting Time, Child Support

and

Motion

for Rule t0

Show

Cause

filed

0n

November

14, 2019.

Mother

appearedinperson and

by

counsel, JonathanDeenik.

Father appeared inperson and

by

counsel, Bill Harrington. Witnesses

were

Sworn, and evidence

was

presented.

The

Court,afterhearingthe evidencepresented

now

enters the followingorder:

1.

2.

The

panics

were

divorced

0n

0rabout

September

19, 2018.

The

lastparenting timeorder

was

issued

0n September

19, 2018.

The

last order

on

child support

was

issued

0n September

19, 2018.

There

were

thIee (3)

minor

childrenborn ofthemarriage: HarperPatel,born 07/04/2012;

Dylan

Patel,born07/04/2012; and, Elliott Patel,born 07/02/2015.

Mother

proved

by

clear and convincing evidence thatFather is in contemptfbr failing to

exchange

income

information withinseven (7) days 0fobtaining

employment

as required

6.

Mother

proved

by

clear and convincing evidence thatFather is in contempt forfailing t0

maintainhealthinsurance

0n

the

minor

childrenpursuantt0 Section2, Paragraph 7 0fthe

paItieS’ Settlement Agreement.

The

evidence established that even though Father’s loss

0f

employment

was

not voluntary, he testified that he

had

acqess to

money

through his

savings that he could

have

used to cover ‘the _{cost 0f insurance obtained through the}

marketplace or via

COBRA.

Father testified that he.really _{did not pursue or investigate}

Eitheroption.

7.

Mother

proved

by

clearand convincing evidence that Fatheris incontempt for failing t0

timely file anotice0frelocation prior t0 relocatingto South Bend.

8.

Mother

did not prove

by

Clear and convincing evidence that Father is in contempt for

failing to

pay

his share 0f extracurricular expenses. Mother’s testimony

was

not

sufficiently clear exactly

what

expenses Father failed to‘ypay,

when

he failed t0

pay

and

what

amount

he

owed. Mother

testified thatFather

was

currentas0fthehearing.

9.

Mother

has not proven that it is in the cthdIen’s best interest t0 reduce Father’s overall

paregting time

by

50%

based

upon

his relocation to South Bend.

While

distance is av

factor, it is not insurmountable such thata redfiction ofnearly

50%

pfFather’s parenting

time is warranted.

The

evidence established that Father is active and

engaged

with the

children.

The

children are

bonded

with Father and enjoy spending time together.

The

children are

bonded

withFather’s

new

child and

bonded

withhis

new

spouse. Fatherhas

shown

flexibility

by

ensuring that the children

go

their activities

on

the

Qeekends

even

when

it is his parenting time.

The

Court

modifies

Father’s parenting time to eliminate

10. 1]. 12. 13. 14. 15. 16.

For purposes 0fparentingtime exchanges, the parties shall

meet

at

US

31 and State

Road

32 inWestfieldvfitamutuallyagreeabl’emeeting location.

Commencing

the firstFriday following this Order, Father shall

pay Mother

$444.00 per

week

in child support via

income

withholding order. Father’s counsel shall prepare apd,

submit an

income

withholding orderwithinseven(7) days.

Commencing

September

1, 2020, the parties shall abide

by

the

new

.incom'é percentages

for extracunicular activity expenses WithFatherpaying 91

%

and

Mother

paying

9%.

Commencing

September 1, 2020,

Mother

shall be responsible forthe first $1,778.00 in

annual uninsured health care expenses for the

mjnpr

children.

The

balance of any health

care expensesnotcovered

by

insurance shallbe splitwithFatherpaying

91%

and

Mother

paying

9%.

Commencing

September 1, 2020, Father shall

pay

91%

and

Mother

shall

pay

9%

0f

Elliott’s

Goddard

School attendance

two

(2) days per‘week.

Any

other prior order not specifically

modified

0r superseded herein shall remain in

effect.

Mother

requested an

award

0fattorneyfees. There is a significant disparity in theparties’

incomes. Father

was found

in contempt.

Mother

was

unsuccessful in fiodifying Father’s

weekend

parenting time. Father

had

to file a

Motion

t0

Compel

Mother

to respond t0

discovery.

The

issues inthe case

were

not overly cqmplex. Considering these factors,the

Court orders Father t0

pay

$3,000.00 towards Mother’s attorney fees. Father shall

pay

Mother’s counsel, Jonathan Deenik, $3,000.00 within thirty (30) days 0fthis Order. If

Father fail; t0 pay within thirty (30) days, the matter shall be reduced t0 a

judgment

and

17.

Any

otherrequestforreliefnot granted herein is

deemed

denied.

£210

?fl/flwfl

Date

Mérk Aflmitfi,

Xfldge

Distribution:

A11counsel 0frecord

Worksheet

-

Child

Support

Obligation

Eachpartyshallcompletethat portion oftheworksheetthat applies tohimorher,signtheformandfileItwiththecourt. This

worksheetIsrequiredInall proceedingsestablishingormodifyingchildsupport

IN RE: _PontneyV, Pate| CASENO: 32D04-1703‘DC‘181

FATHER: _JanakPatel

MOWER: Shannon Pontney

CHILD

SUPPORT

OBLIGATION

WORKSHEET

(CSOW)

Children DOB Children DOB

Harper 07/04/2012 Dylan OTIO4I2012

Elliott 071022015 a

FATHER MOTHER

1.WEEKLYGaoss INCOME $238500 $29030

A. SubsequentChildMultiplierCredit Famer-_0.065

mama:

.122 .132 .135.155 164 173) Mother-_o $13753 $030

B. ChildSupport(CourtOrderfor Pn‘orBorn) $0.00 $0.00

C. ChildSupport(LegalDutyfor PriorBorn) $0.00 $0.00

D. MaintenancePaid $0.00 $0.00

E. WEEKLY ADJUSTED INCOME(WAD

Line1minus 1A, 13,1c, and1D $2'697'43 $29030

2. PERCENTAGESHARE 0F TOTALWA] 90,290/0 9.71%

3.COMBINEDWEEKLYADJUSTEDINCOME (Line1E)

¥

$2,987.48

4. BASICCHILDSUPPORTOBLIGATION

ApplyCWAItoGuidelineSchedula $514'65 $5535 $57000

A. WeeklyWork-RelatedChildCare Expenseofeachparent $0.00 $0.00 $0.00

B. WeeklyHealthInsurancePremium—(Children’sportion) $36.50

5.TOTAL CHILDSUPPORTOBLIGATION(Line4plus4Aand 4B) r $606.50 6. PARENTSCHILDSUPPORT OBLIGATION(Line 2 times Line5) $547.61 $58.89

7.ADJUSTMENTS

( ) Obligationfrom Post-SecondaryEducationWorksheet Line] + $0.00

+

$0.00

Paymentof work-relatedchildcareby eachparent

( )

(Same amountasLine4A)

' _$030 ' _$0'00

(X) WeeklyHealthInsurancePremium(Chiidren’s portion) - $36.50 - _$0.00

(X) ParenungTimeCreditfor96—100 ovemights - $67.22 - _$0.00

8.RECOMMENDEDCHILDSUPPORTOBLIGATION $444 N/A

Iaffin:nunderpenalties for perjury thatthe foregoing representations aretrue.

Father: Mother: Dated:

UNINSURED

HEALTH

CARE EXPENSE CALCULATION

.

A. CustodialParent AnnualObligation: (CSOWLine 4)$570.00+ (PSEW§Two,LineI)$0.00=$570.00x52weekx.06=$1778‘4U.

B. BalanceofAnnualExpensestobePaid: (Line 2) 90.29%byFather;9.71%byMother.

IndianaSunremeCourtChildSunnortCalculator-_DownloadedPractitioners‘2.3.0.7

Prepared By: MarkA.Smith

On

8/20/2020 TRANSACI'ION NUMBER: