Opinion
No. 49A05–1305–DR–248.
2014-01-27
Melba Deloris POLK–KING, Appellant–Petitioner, v. Lawrence Delorosa KING, Appellee–Respondent.
The trial court heard evidence regarding the visitation and overnight visits that Husband had with children. Although there is no written finding regarding the trial court's decision to deviate from the guidelines, I would suggest that the trial court did in fact have a valid reason for doing so. In my view, reversing the trial court's determination is not the most effective avenue for determining the proper amount of support that Husband should pay. Rather, I would remand this cause to the trial court with instructions that it enter a finding as to why it deviated from the guidelines. See Claypool v. Claypool, 712 N.E.2d 1104, 1107–1108 (Ind.Ct.App.1999) (concluding that although the trial court may have been justified in deviating from the guidelines, it was clearly erroneous without a specific finding, thereby requiring this court to remand to the trial court to set forth reasons for any deviations from the guidelines).