Farmer v. Farmer

735 N.E.2d 285 (2000)

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Nature of the Case

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Facts

H and W have a thirteen-year-old daughter. W has custody of the child. The parties appeared on all pending matters, including W's Petition for Rule to Show Cause for failing to pay child support and H's Petition to Modify Visitation. A few weeks later, the trial court entered a contempt citation and visitation order. H then filed a Motion to Correct Errors Or, In The Alternative, Motion to Set Aside Order. H was in arrears in the payment of child support in the amount of $18,540.00. H had not paid any child support since September 30, 1995, and was found in contempt and sentenced to 180 days in the Lake County Jail, or until all arrearages are paid, whichever is accomplished sooner. H had not made any attempt to exercise visitation since October, 1997, and is hereby given one (1) last opportunity to establish visitation and a relationship with the parties' daughter. The court would also find that if H did not pay the back support and establish visitation, it would find that any further visitation would endanger the child's physical health or significantly impair the child's emotional development and will vacate its Order with respect to visitation. This appeal was taken.