A TTORNEY S FOR A PPELLANT Deborah M. Agard Daniel W. Kiehl Law Office of Deborah M. Agard Indianapolis, Indiana A TTORNEY FOR A PPELLEE Scott P. Wyatt Campbell Kyle Proffitt LLP C armel , Indiana



### IN THE 

# COURT OF APPEALS OF INDIANA
Stanley Kahn , Appellant

- Defendant,

v. 

### Beverly (Kahn) Baker , Appellee

- Plaintiff June 23, 2015 Court of Appeals Ca se No. 29A02

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- 663 Appeal from the Hamilton Superior Court The Honorable Daniel J. Pfleging, Judge Case No. 29D02

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- 010248



### Vaidik , Chief Judge . 

# Case Summary
[1] F ather, f ollowing divorce, was ordered to pay the remainder of his college

- aged daughter’s post

- secondary educationa l expenses

— i ncluding tuition and room and board

— a nd medical expenses. The f ather and daughter had a serious dispute the month before the court’s order, however, and thereafter the

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- 663 | June 23, 2015 Page 1 of 27daughter engaged in limited contact with her father

— she sent him text and e mail messages but did not speak to him on the te lephone or meet with him in person for over a year. The f ather stopped paying his daughter’s expenses. Mother filed a motion for rule to show cause in an effort to get the father to comply with the court order, and the father filed a petition to modify t he court order, alleging change in circumstances

— specifically, that he was relieved from paying his daughter’s expenses because she had repudiated him. Following a hearing, the trial court found that the daughter had not repudiated her father, found him i n con tempt for failing to pay the daughter’s educational and medical expenses, and awarded attorney fees to the mother. The trial court also found, however, that under the “doctrine of unclean hands” the mother was to be held liable for her daughter’s roo m and board.

[2] On appeal, we consolidate the father’s issues into the following: (1) whether the trial court erred in finding that the daughter did not repudiate her f ather, and that he was not, therefore, relieved of his obligation to pay the expenses sp ecified in the Agreed Entry; (2) whether th e trial court erred by holding the f

ather in contempt for failing to pay the daughter ’s post

- secondary educational and medical expenses; and (3) whether the trial court erred in awarding the mother attorney fees. Mother cross

- appeals, presenting one issue for our review: whether the trial court erred in ordering her to pay the daughter ’s room and board expenses. Ultimately, we affirm the trial court’s order on all of the issues challenged by the father, and rever se on the issue raised by the mother.

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# Facts and Procedural History
[3] Madeline , the eldest child of Stanley Kahn (“Father”) and Beverly (Kahn) Baker (“Mother”), began attending Emory University in Atlanta, Georgia, i n the fall of 2009, intending to graduate w ith honors in December 2012. 1 In 2010,

a fter twenty

- one years of marriage, Father and Mother

—who both reside in central Indiana

— divorced and reached a settlement agreement (“the Settlement Agreement”) , approved by the trial court on June 10, 2010 . This Settlement A greement required Father to pay Madeline ’s tuition for the 2010

- 11 school year at Emory

. The Settlement A greement also provided that Father would pay for health insurance for the parties’ two children, and that all uninsured medical costs and expenses of the children were to be divided equally between the parties.

[4] I n December 2011, when Madeline was home in Indianapolis for Christmas b reak, she and Father had a heated disput e over whether Madeline could take her car back to Atlanta

. 2 Thereaft er, Father went to Mother’s house, where Madeline was staying, and took away the car. Madeline then went to the bank where she and Father had a joint account to withdraw funds so she could buy a
new car. 3 While Madeline was at the bank, Father suddenly a rrived , and

1 Although the parties have two children, the expenses of the younger child are not at issue in this appeal.
2 Madeline testified that the car was a present to her for her sixteenth birthday. See Tr. p. 325. But Father held title, paid insurance, and maintained the car. See id . at 94. 3 The money in this joint bank account was Madeline’s money from past employment, gifts, and a lawsuit settlement. See Tr. p. 328. Court of Appeals of Indiana | Opinion 29A02

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- 663 | June 23, 2015 Page 3 of 27Madeline , who was “terrified,” quickly left the bank to evade Father. Tr. p. 278

.
[5] The next month, in January 2012, the parties entered into an agreed entry (“the Agreed Entry”), approved by the trial court, which modifi ed Father’s obligations for Madeline ’s post

- secondary education expenses. Specifically, the Agreed Entry provided in pertinent part as follows:
3. For the remainder of Madeline ’s undergraduate education at Emory University, which education shall be comple ted by December 31, 2012, . . . Father shall pay and be responsible for the following:
a. Tuition at the institution the child attends; b. Room and board at the institution the child attends;
c. Reasonably necessary books, fees and supplies; and d. Transpo rtation to and from school at the beginning and the end of the school year or as otherwise agreed by the parties; provided, however, that in the event Mother agrees to provide transportation to and/or from school for a child (which Mother is not obligated to do), then Mother shall pay the expenses of providing the transportation. Mother shall not have an obligation to contribute to each child’s undergraduate educational expenses. 4. Neither party shall have a child support obligation to the other.

. . . * * * * * d. The children spend approximately half their time at the home of each parent when they are not at school. * * * * * f. Father is responsible for the children’s uninsured health care expenses.

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- 663 | June 23, 2015 Page 4 of 27g. Each parent shall pay for the care and maintenan ce of the children during any periods of time that the children shall be with that parent. Appellant’s App. p. 55

- 56.

[6] Following the dispute over the car, Madeline and Father did not speak in person or on the telephone for all of 2012

— Madeline had made a “cons cious decision” that she could no t see or talk to Father for the t ime being. Tr. p. 329. As she explained : It was really about his presence and his voice. I was just really scared to hear him or see him because it just brought up too much, and I h ad physical reactions to it. I would shake and cry when I would listen to him because it would just kind of

– I know it sounds cliché, but just take me back. And I still wanted to talk to him and I miss him all the time. So, I would e - mail him or, you k now, send him a paper that I was working on because I really wished that he could be included in some of the stuff that was going on with me, but I just couldn’t hear him or see him. It just hurt me too much and it scared me too much. Id . at 330.

[7] Madel ine came home to Indianapolis on multiple occasions in 2012 but did not see or contact Father during these visits. S he did, however, send Father
numerous e - cards, and e

- mail and text messages . In these, she told Father that she loved h im and missed him, wished him a happy birthday, shared the first paper she had ever written on a legal case, sent photos of her new apartment, and sent news about her induction into a philosophy honors society, her involvement in a play, and a new job . She also asked Father about a wedding he had attended, his new apartment, and his eye surgery. According to Father, however, “[s]ending an occasional text message or an e - mail is not a
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- 663 | June 23, 2015 Page 5 of 27relationship.” Id . at 144. Regarding a February 2012 e - mail in which Madeline wrote “I re ally love you[,]” Father testified that those were “hollow words because there’s nothing behind it. There’s no action behind it.” Id . at 186.

[8] Father, Mother, and Madeline all intended for her to graduate with honors, which required her to tak e part in a two
- semester honors course. Madeline ’s original plan was to take the first part of this course in the spring semester of her junior year and the second part in the fall semester of her senior year. To that end, i n the spring semester

— early 2012

— Madelin e was attending meetings with her professor in the belief that she was working toward her honors credit, but “there was a problem with [her] registration in the spring that [she] was unaware of, and [she] didn’t receive credit for it.” Id . at 58. Therefo re, she decided to take the first part of the course in the summer of 2012 and the second part, as originally planned, during the fall semester
.
[9] But Father, who had paid Madeline ’s tuition, room and board, and other required fee s through the spring 2012 semester , simply did not pay for any of Madeline ’s post
- secondary educational expenses thereafter

— including , most significantly, any costs associated with the summer 2012 semester. And b ecause Madeline was not able to register for the summer semester, she needed to take the two

- semester honors course in the fall 2012 semester and the spring 2013 semester in order to fulfill her plan of graduating with honors

— meaning, she had to attend school beyond the December 2012 endpoint specified in the Agreed Entry

. In spring 2012, Madeline also withdrew from an Intro duction to Astronomy class because it appeared that she was going to receive a lower Court of Appeals of Indiana | Opinion 29A02

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- 663 | June 23, 2015 Page 6 of 27grade in the class than she would have liked; she then took Meteorology in the fall 2012 semester in order to fulfill her science requirement . So , i n spring 2013, Madeline was registered for the second part of her honors requirement and a P.E. class; but if she had been able to register for summer classes, she would have taken both of these during the fall 2012 semester and could still have graduated in December 2012.

[10] In terms of room and board expenses, Father had paid for Madeline to live in a sorority house for the spring 2012 semester; however, toward the end of the spring semester Madeline decided to leave the sor ority and move into an off

campus apartment , for which Father would not pay

. Madeline testified that while there was one “on[

- ]campus” housing option , it “wasn’t the type of housing [she] was looking for at all[,]” id . at 62, and it was more expensive than the off

- campus apartment. Madeline e - mailed Father photos of the new off

campus apartment at the end of May, and Father responded by e

- mail, saying the apartment looked “so nice” and was “[d]ef[initely] something [he] would like.” Appellee’ s App. p. 63 . However, Father did not pay for Madeline to live in th is apartment, claiming that the l anguage of the Agreed Entry

— “R oom and board at the Institution the child attends[,]” Appellant’s App. p. 55

— only obligated Father to pay for an on

- campus residence

. See Tr. p. 173.

[11] I n August 2012, Mother, pro se, filed a motion for contempt and emergency hearing regarding Father’s failure to comply wi th the Agreed Entry, with respect to Madeline ’s educational expenses, in particular. Five days later, Father file d a petition requesting modification of the order with regard to Court of Appeals of Indiana | Opinion 29A02

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- 663 | June 23, 2015 Page 7 of 27Madeline ’s educational expenses , alleging the occurrence of “[a] significan t change in circumstances” that rendered Father’s obliga tion to pay for Madeline ’s post

- secondary education “unreaso nable[.]” Appellant’s App. p. 63. In October 2012 , Mother, now represented by counsel, filed her amended motion for rule to show cause, alleging that F ather had failed to pay for Madeline ’s educational expenses since the s pring 2012 semester in willful

v iolation of the Agreed Entry

.
[12] In August and September, Madeline had medical problems . On August 29, Mother sent Father an e

- mail requesting Father’ s insurance information in anticipation of a scheduled medical appointment. On September 4, Madeline sent Father a text message that read as follows: Thanks dad for asking about my health but I have a doctors apt here tomorrow I need to stay here and get well so I can stay in school. But I need the new insurance number the card I have doesn’t work. Appelle e’s App. p. 118. Father responded by text message: “The insurance is not new. It works. Call me so that we can talk.” Id . at 119. On September 5, Mother was in Atlanta with Madeline , and when they attempted to use Father’s insurance information at the doctor’s office, the insurance card was declined. Mother texted Father to notify him that the card was declined . Mother also called Father from the doctor’s office to notify him of the situation and ask that he try to figure out the problem with the ins urance. Mother then paid for the appointment herself. Father did not see an actual copy of the medical bill until two weeks before trial, at Mother’s deposition.

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- 663 | June 23, 2015 Page 8 of 27[13] In December 2012 , Madeline sent an e
- mail to Father that read as follows: I was hoping that when I come back you would maybe want to go to counseling with me. We can do it in Atlanta or I can come home. I’m sorry that it has taken me this long to be ready. I feel like I just lost myself for so long . . . and I wasn’t waiting for any speci fic amount of time to talk to you . . . I just know I feel more ready than I have before. I miss you, and want you to share in my life . . . . I hope you are well. I have been keeping tabs on you . . . . I hope this message finds you well, and that you know I am in no way trying to attack you or provoke you or hurt you. I really do want to work things out because I genuinely love and miss you . . . and I can’t have one more dream about you, or look at the beach, or eat fruit and not talk to you. So, I love you. . . . Id . at 115. In response, Fat her sent an e

- mail that concluded , “When you move home in the summer, we can go to counseling. Love, Daddy[.] ” Id . at 111. On February 10, 2013, Father sent an e

- mail to Madeline that read: “I saw this and t hought of you. Lets [sic] meet when you come to town for spring break. Love, Daddy[.]” Id . at 100. Attached to this e

- mail was a photo of a sign that read “ COMING TOGETHER IS A BEGINNING . . .” Id . at 101. Later that month , Madeline sent another e - mail to Father that read in part as follows: I would like to meet you when I come home. I’ve been thinking a lot about you. Sorry it too k me so long to e

- mail you back. . . . I guess we both know the deposition is scheduled for that Monday I come home. Should we meet before then? I think it would be a good idea if Mom comes too to sort of help ease the transition. It’s gonna be really ha rd. . . . I think we should keep e - mail ing, though, between now and then, so we can feel more comfortable when the time comes. . . . Id . at 99. On February 26, Madeline in an e

- mail again stated that she would meet with Father but “would feel more comfor table if mom was there too for emotional support.” Id . at 93. Father responded in a February 27 e - mail in part

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- 663 | June 23, 2015 Page 9 of 27as follows: “ Madeline , I will meet with you, not with your mother present. Whatever needs to be discussed, will be d iscussed between you and I .” Id

.
[14] In May, Father attended Madeline ’s graduat ion from Emory without notifying her in advance that he was planning to do so. Following the graduation, Father stood approximately twenty feet away from Madeline , who was standing and talking with a g roup of people, and Madeline looked at him and then turned away. A flurry of text messages between Mother and Father followed: Mother: She stood there for a long time waiting for you. Why didn’t u come over. . . . Father: We followed her over to the si de of the building. She turned and saw me and turned her back to us. . . .

* * * * * Father: We waited for her and we went to the bathroom. When we came out she was gone. She didn’t call me. If she wanted me there that badly then she would have come over to me or made arrangements to see me. I came here to see her. When is she going to speak for herself. . . . I haven’t heard her say one word, only you. Mother: Well I guess u didn’t even tell her u were coming or u didn’t text her or you didn’t wa lk up to her before u went to the bathroom and it looked like u left to us. . . . Father: I wan ted to surprise her today. . . . She never called me to ask me to come but I came anyway. . . .

* * * * * Mother: U act like nothing has happened it’s like u can show up graduation day after I had to go through hell to make sure she could. And call friends for witnesses and u not even care if she had money for food and shelter. And walk in graduation day and her run with open arms to you and have a party. Th ese are my words not hers. . . . Pet. Ex. 9, Ex. Vol. 1.

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- 663 | June 23, 2015 Page 10 of 27[15] At the end of May, Father e

- mailed Madeline to notify her of a June 4 appointment he had scheduled with a therapist. Appellee’s App. p. 87. Madeline texted back, “Yes, I’ll be there.” Tr. p. 137. Ultimately, Father and Madeline attended three counseling sessions together.

[16] A hearing was held on June 10 , 2013 , and February 11, 2014

. Between those two dates, Madeline traveled to New York for five days with Father, her brother, and Fa ther’s girlfriend. Appellant’s App. p. 18. Following the hearing, the trial court entered its findings of fact and conclusions of law, which provided in pertinent part as follows: 45. Indiana law provides that a court may enter an educational support or der for a child’s education at a post

- secondary educational institution. [citation omitted]. 46. Absent a modification of the Court’s order, Father was obligated to pay 100% of Madeline ’s educational expenses at Emory University. [citation omitted]. 47. “A trial court has the discretionary power to make a modification for child support relate back to the date the petition to modify is filed, or any date thereafter.” [citations omitted]. 48. Father’s failure to pay for Madeline ’s post

- secondary educati onal expenses for the 2012 summer session at Emory University predated Father’s Petition to Modify. 49. Even assuming that a modification of the Agreed Modification Order regarding post

- secondary educational expenses was warranted due to repudiation, as s uggested by Father, any modification of the Court’s post

- secondary educational support order can only be entered retroactive to the date of filing. 50. The Agreed Modification Order neither prohibits Madeline from attending the 2012 summer session, nor re lieves Father of his responsibility to pay for Madeline ’s post

- secondary educational expenses during the 2012 summer session at Emory University.
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- 663 | June 23, 2015 Page 11 of 27* * * * * 54. The Court finds that Father’s refusal to pay Madeline ’s post

secondary educational expenses for the summer 2012 session was a willful violation of this Court’s order. * * * * * 56. Father is in contempt of the Agreed Modification Order for refusing to pay Madeline ’s post

- secondary educational expenses for the fall 2 012 session at Emory University. 57. The question of whether Father is in contempt for failing to pay for Madeline ’s post

- secondary educational expenses at Emory University for the Summer and Fall, 2012, semester is dependent upon whether Madeline repudiated a relationship with Father, as Father suggests in his Petition to Modify the Agreed Modification Order. * * * * * 62. Here, the discord that exists between Madeline and Father does not rise to the level of repudiation

. . . . * * * * * 64. The Court finds that as Madeline has not repudiated Father, Father’s Petition to Modify should be denied. 65. However, this Court recognizes that one seeking equitable relief must come to Court with “clean hands.” The unclean hands doctrine is an equitable tenet that demands one who se eks equitable relief to be free of wrongdoing in the matter before the court. [citation omitted]. .

. * * * * * 70. It would not be equitable for Father to pay for Madeline ’s room and board when it was Mother who benefited exclusively from knowing where Madeline resided in Atlanta and enjoying her company in Atlanta and in Indianapolis. * * * * * 78. Mother has been injured as a result of Father’s contempt in that Mother, and her husband ( Madeline ’s Step

- Father), were required to provide for Madeline ’s p ost
- secondary educational expenses at Emory University due to Father’s refusal to do so.

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- 663 | June 23, 2015 Page 12 of 2779. Mother was also injured as a result of Father’s contempt in that Mother was required to incur attorney fees in order to seek the Court’s assistance in forcing F ather’s compliance with the Agreed Modification Order, as well as defending Father’s Petition to Modify alleging repudiation. 80. As sanction for Father’s contempt, and to bring father in compliance with the Court’s order, Father shall be responsible fo r satisfying Madeline ’s tuition and student

- loans for the summer and fall, 2012, and spring, 2013, in the sum of $34,596.64, including any interest or fees incurred on said loans, that were through Sallie Mae Bank, and co

- signed by Madeline ’ s Step

- Father [ ], within thirty days of the Court Order. 81. As sanction for F ather’s contempt, and to bring Father into compliance with the Court’s order, Father shall reimburse Mother the sum of $542.54 for Madeline ’s medical expenses paid by Mother between August 30, 2012 and August 23, 2013. . . . 82. As sanction for Father’s contempt, Father shall be responsible for 77% of attorney fees Mother incurred due to Father’s contempt and in defense of Father’s Petition to Modify. Father shall pay the sum of $35,836.01 .

. . . * * * * * 90. It would not be equitable for Father to pay for Madeline ’s room and board when it was Mother who benefited exclusively from knowing where Madeline resided in Atlanta and enjoying her company in Atlanta and Indianapolis. 91. This Cou rt finds that Mother shall remain responsible for Madeline ’s room and board for summer and fall, 2012, and spring, 2013, in the sum of $10,596.28. Appellant’s App. p. 18

- 25 (formatting altered)

.
[17] Father now appeals the denial of his August 29, 2013 petition to modify , his motion to correct error, and his motion for relief from judgment . Mother cross

appeals, challenging specifically the trial court’s conclusion that Mother

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- 663 | June 23, 2015 Page 13 of 27remain s responsible for Madeline ’s room and board for summer a nd fall 2012,

a nd spring 2013. 

# Discussion and Decision
[18] Father raises five issues on appeal, which we consolidate and restate as follows: (1) whether the trial court erred in finding that Madeline did not repudiate Father, and that he was not, therefore, relieved of his obligation to pay the expenses specified in the Agreed Entry; (2) whether the trial court erred by holding Father in contempt for failing to pay Madeline ’s post

- secondary educationa l and medical expenses; and (3) whether the trial court erred in awarding Mother attorney fees. 4 Mother cross

- appeals, presenting one issue for our review : whether the trial court e rred in ordering her to pay Madeline ’s room and board expen ses. We consider each is sue below

.
[19] But at the outset , we note that the trial court enter ed Trial Rule 52(A) findings of fact and conclusions of law. 5 As such, we use a two
- tiered standard of

4 In light of our decision regarding repudiation, we do not need to reach Father’s contention that “the repudiation should have been effective when [M.K.] severed her relationship with Father in January [] 2012” rather than dating the alleged repudiation to August 2012, when he file d his petition for modification. See Appellant’s Br. p. 23. 5 In his brief, Father asserts that he is appealing the denial of his Trial Rule 59 and 60 motions to correct error and set aside judgment, but in substance, Father’s arguments are directed tow ard the trial court’s findings of fact and conclusions of law. Thus, we employ the “clearly erroneous” standard of review. Father also writes in his brief that this Court reviews a trial court’s decision to order the payment of post

secondary educationa l expenses for an abuse of discretion. Appellant’s Br. p. 12 (citing Hirsch v. Oliver , 970 N.E.2d 651, 662 (Ind. 2012)). While we do not disagree, we note that the Agreed Entry ordering Father to pay M.K.’s post

- secondary educational expenses is not at i ssue in this appeal; instead, the question is whether repudiation has occurred, such that Father is relieved from that obligation. Court of Appeals of Indiana | Opinion 29A02

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- 663 | June 23, 2015 Page 14 of 27review : we determine whether the evidence supports the findings, and whether the findings support the judgment. Lovold v. Ellis , 988 N.E.2d 1144, 1150 (Ind. Ct. App. 2013). We neither reweigh the evidence nor assess the credibility of witnesses, but consider only the evidence most favorable to the judgment. Lechien v. Wren , 950 N.E.2d 838, 841 (Ind. Ct. App. 2011). The appellant must establish that t he trial court’ s findings are clearly erroneous. Lovold , 988 N.E.2d at 1150. Findings are clearly erroneous when a review of the record leaves us firmly con vinced a mistake has been made. Id

. But we do not defer to conclusions of law, and a judgment is clearly erroneous if it relies on an incorrect legal standard. Id

. 

# 1. Repudiation
[20] Father argues first that the trial court erred in “denying Father’s request that the trial court relieve him of his education expense obligation based on [M.K.]’s repudiation.” Appellant’ s Br. p. 1 3

. Repudiation is defined as a complete refusal to participate in a relationship with the parent. Lovold , 988 N.E.2d at 1150 (citing Norris v. Pethe , 833 N.E.2d 1024, 1033 (Ind. Ct. App. 2005) )

. Indiana law provides that a court may enter an educational support order for a child’s education at a post

- secondary educational institute, but repudiation of a parent by a child is rec ognized as a complete defense to such an order. See Ind. Code § 31

- 16

- 6

- 2(a)(1); McKay v. McKay , 644 N.E.2 d 164, 166 (Ind. Ct. App. 1994 )

. In McKay , the C ourt noted that there is no absolute legal duty on parents to provide a college education for their chi ldren, and adopted what was

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- 663 | June 23, 2015 Page 15 of 27Pennsylvania’ s approach at that time , stating “where a child, as an adult over eighteen years of age, repudiates a parent, that parent must be allowed to dictate what effect this will ha ve on his or her contribution to co llege expenses for that child.” 644 N.E.2d at 166 (quoting Milne v. Milne , 556 A.2d 854, 856 ( Pa. Super. Ct. 1989) ) . A child’s repudiation of a parent

— that is a compete refusal to participate in a relationship with a parent

— may obviate a parent’s obligation to pay certain expenses, including college expenses. See Bales v. Bales , 801 N.E.2d 196, 199 (Ind. Ct. App. 2004), reh’g den ied , trans. denied . It is well established that o n appeal, we do not reweigh the evidence ; instead, we consider first whether the evidence supports the findings and then whether the findings support the judgment. See Lovold , 988 N.E.2d at 1150. T he appellant, for his part, must establish that the trial court’s findings are clearly erroneous ; findings are clearly erroneous when a review of the record leaves us firmly convinced that a mistake has been made. See id

.
[21] In determining what constitut es repudiation, we review Indiana caselaw on this issue. A finding of repudiation is fact sensitive. In McKay , this Court held that a twenty
- year - old son had repudiated his father such that his father was relieved of th e responsibility to pay his son’ s c ollege expenses where the son consulted with his mother and stepfather on all of his college

- related decisi ons, rejected all of his father’ s efforts to reconcile their relationship, and testified at trial that he “was electing not to have a relationship wi th [his] Father, that he did not want a relationship or contact with [his] Father, and there was nothing that could be done to change his mind.” 644 N.E.2d at 166 . In Norris , this Court affirmed

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- 663 | June 23, 2015 Page 16 of 27the trial court’s finding of repudiation where a daughter a dmitted she “ d [ idn ] ’t want anything to do with [her father],” declined to accept birthday and special occasion cards in general , asked her father to leave a school activity, and discarded flowers and a check the father had sent to her , informing him, “You’re wasting your time and money. The flowers are in a trash can at school, just like our relationship. . . . No matter what the judge orders, he can’t order my heart.” 833 N.E.2d at 1034, 1033. In Scales v. Scales , we affirmed repu diation of a Mother where the last time she had seen her daughter was six months before the hearing in a meeting that had been confrontational and intimidating to the mother, and in a telephone conversation a few days before the hearing, her son had told h er, “I hate you you f***ing b****. I hope you die.” 891 N.E.2d 1116, 1120 (Ind. Ct. App. 2008) . In Lechien v. Wren , this Court affirmed the trial court’s finding of repudiation in the case of a son whose only communication with his father for over a yea r was when he went to his father’s workplace to ask for money , who had not acknowledged Father’s Day or his father’s birthday for several years, and had as an adult petitioned to have his last name changed to his mother’s maiden name, even after acknowledg ing at the hearing on the name

- change petition that by changing his name a judge could later decide that he had repudiated his father and did no t want any help from his father. 950 N.E.2d 838 (Ind. Ct. App. 2011). And in Lovold , we affirmed the trial cou rt’s determination of repudiation where a son and his father became estranged post
- divorce and had no contact for eight years, the son had never sent Father’s Day or birthday cards or kept his father abreast of his grades, activities, or progress , and the son’s claim in an in

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- 663 | June 23, 2015 Page 17 of 2 7that he was interested in having a relationship with his father “r[ang] hollow” and appeared “chiefly motivated by the fact Mother is now requesting Father to pay [the son’s] college expenses.” 988 N.E.2d at 1147.

[22] In this case, by contrast, the findings showed that Father and Madeline had a clo se relationship for most of Madeline ’s life and that Father was complying with the order to pay for all of Madeline ’s post

- secondary education expense s, but that the two had a falling out in December 2011 when Madeline wanted to take her car back to Atlanta after her Christmas break. See Appellant’s App. p. 13, 14. Thereafter Madeline and Father did not see one another or speak on the telephone for over a year , b ut Madeline sent numerous e
- cards, texts, and e mai l messages telling Father she loved and missed him, sharing updates about her life, and asking Father about developments in his life. See id . at 15. Father continued paying Madeline ’s expenses through th e Spring 2012 semester. See id . at 16. In December 2012, Madeline expressed an interest in going to counseling with Father. See id . at 17. In February 2013, Madeline said she would meet with Father in person but would feel more comfortable if Mother

wa s present for emotional support; Father responded that he would not meet with Madeline if Mother was there as well. See id

. The trial court found that Madeline and Father attended three counseli ng sessions together and travel ed to New York for five days after the first hearing on the pending motions. See id

. at 18. Given this evidence , we find that the trial court’ s findings amply support the conclusion that the discord that existed between Madeline and Father did

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- 663 | June 23, 2015 Page 18 of 27not rise to the level of repudiation so as to obviate Father’s obligation to pay the expenses specified in the Agreed Order. See id . at 21. 

# 2. Father’s Contemp t and Madeline ’s Expenses
[23] Father next contends that the tri al court erred by holding him in contempt for failing to pay Madeline ’s c ollege and medical expenses

. The determination of whether a party is in contempt of court is generally a matter within the sound discretion of the trial court. See Hancz v. City of S. Bend , 691 N.E.2d 1322, 1324 (Ind. Ct. App. 1998). Here, again, the tr ial court entered findings of fact and conclusions of law thereon; thus, we must determine whether the findings and conclusions are sufficient to support the judgment that Father was in contempt of the Agreed Entry. See id

. Indirect contempt, or civil co ntempt, is the willful disobedience of any lawfully entered court order of which the offender has notice

. Winslow v. Fifer , 969 N.E.2d 1087, 1093 (Ind. Ct. App. 2012), reh’g denied

. The objective of a contempt citation is not to punish but to coerce acti on for the benefit of the aggrieved party. Id . Thus, any type of remedy in civil contempt proceedings must be coercive or remedial in nature. Id

.
[24] First, Father contends that the trial cou rt’s sanction of ordering him to pay Madeline’ s expenses for the s pring 2013 semester was an impermissible modification of the parties’ agreement, which “required Madeline to finish her undergraduate degree by December 31, 2012.” Appellant’ s Br. p. 25. But the evidence showed, and the trial court found, that Father h ad failed to pay Madeline ’s post

- secondary educational expenses for both the summer and fall
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- 663 | June 23, 2015 Page 19 of 27semesters of 2012, in willful violation of the Agreed Entry. Specifically, the trial court set forth the following conclusions of law: 50. The Agreed [Entry] nei ther prohibits Madeline from attending the 2012 summer session, nor relieves Father of his responsibility to pay for Madeline ‘s post

- secondary educational expenses during the 2012 summer session at Emory University. 51. The Agreed [Entry] provides that Father is responsible for all of Madeline ’s post

- secondary educational expenses at Emory University. * * * * * 54. The Court finds that Father’s refusal to pay Madeline ’s post

secondary educational expenses for the summ er 2012 session was a willful violation of this Court’s order. * * * * * 78. Mother has been injured as a result of Father’s contempt in that Mother, and her husband ( Madeline ’s Step

- Father), were required to provide for Madeline ’s post
- secondary educat ional expenses at Emory University due to Father’s refusal to do so. * * * * * 80. As sanction for Father’s contempt, and to bring Father into compliance with the Court’s order, Father shall be responsible for satisfying Madeline ’s tuition and student

- lo ans for the summer and fall, 2012, and spring, 2013, in the sum of $34,596.64, including any interest or fees incurred on said loans . . . . Appellant’s App. p. 20

- 24.

[25] Father’s argument that “the trial court impermissibly modified [the Agreed Entry] to carry forward Father’s obligation for an additional semester” is unavailing for two reasons. Appellant’s Br. p. 27 . The first is that this does not address the fact th at Father failed to pay for Madeline ’s summer 2012 semester

— meaning she was not able to register and receive credit for summer

semester classes, see Tr. p. 59

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- 663 | June 23, 2015 Page 20 of 27contemplated in the Agreed Entry and before Father filed his Petition to Modify ; and the second reason, which follows from the first, is tha t if he had paid for the summer 2012 semester, Madeline would have been able to graduate in December 2012, as originally planned . Thus, w e find that the trial court did not er r in finding Father in contempt for failing to pay Madeline ’s education expenses for the summer and fall 2012 and spring 2013 semesters.

[26] Father also disputes the trial court’s finding that he was in contempt for failing to pay Madeline ’ s medical expenses. Although the trial court did not make any findi ngs of fact on the issue of Ma deline ’s unpaid medical expenses, the court nonetheless concluded that “[a]s a sanction for Father’s contempt, and to bring Father into compliance with the Court’s order, Father shall reimburse Mother the sum of $542.54 for Madeline ’s medical expenses paid by Mother . . . .” Appellant’s App. p. 24. It is undisputed that the Agreed Entry provides: “Father is responsible for the children’s uninsured health care expenses.” Id . at 56. In his b rief Father insists that he received the medical bill only a few weeks before trial; but there is evidence in the record that both Mother and Madeline contacted Father for updated insurance information at or around the time the medical bill was incurred, as his insurance card had been declined. See , e.g ., Appella nt’s App. p. 367; Appellee’s App. p. 84, 118. However, we do not reweigh the evidence on appeal. Gi ven that Father concedes that he is ordered to pay all of the children’s uninsured medical expenses, we find that the trial court did not err in holding Fa ther responsible for this expense.

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# 3. Mother’s Attorney ’s Fees
[27] Next Father contends that the trial court erred in ordering Father to pay 77% of Mother’ s attorney ’s fees. Here the trial court made the following findings and conclusions on the issue of a ttorney ’s fees: 44. Mother incurred attorney fees and expenses totaling $46,540.27 for Mother’s Verified Motion for Rule to Show Cause and Father’s Petition to Modify. * * * * * 52. Mother attempted to avoid pursuing a contempt citation against Father by first requesting that Father bring himself into compliance with the Agreed [Entry] and pay the expenses associated with Madeline ’s enrollment in the 2012 fall semester at Emory University. 53. Despite Mother’s efforts to get Father to comply with the Cou rt’s order, Father refused to pay for Madeline ’s post

- secondary educational expenses at Emory University. * * * * * 82. As sanction for Father’s contempt, Father shall be responsible for 77% of attorney fees Mother incurred due to Father’s contempt and in defense of Father’s Petition to Modify. . . . Appellant’s App. p. 19. Ultimately, the trial court ordered “that as a sanction for Father’s contempt, Father shall be responsible for $35,836.01, or 77% of attorney fees Mother incurred due to Father’s conte mpt and in defense of Father’s Petition to Modif y . . . .” Id . at 26.

[28] T he trial court has inherent authority to award attorney ’s fees for civil contempt
. Winslow , 969 N.E.2d at 1093

. In other words, n o statutor y sanction is needed, as a court’ s power to enforce compliance with its orders and de crees duly entered is inherent. Crowl v. Berryhill , 678 N.E.2d 828, 831 (Ind. Ct. App.

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- 663 | June 23, 2015 Page 22 of 271997). Accordingly, apart from any statutory authority, a court has the inherent authority to enforce its orders and to com pensate the aggrieved party for losses and damages resulting from another’s contemptuous actions. Id . at 832.

[29] Here, Father argues that the trial court erred by failing to consider evidence of the parties’ resources, ability to pay, and employment. But given that Mother’s request for attorney ’s fee s was based on Father’s misconduct for failure to comply with the Agreed Entry , and given the trial court’s inherent authority to award attorney ’s fees for civil contempt, Winslow , 969 N.E.2d at 1093 , we cannot say the trial court erred in ordering Father to pay a percentage of Mother’s attorney ’s fees. 

# 4. Madeline ’s Room and Board Expenses

[30] Last, Mother raises one issue on cross

- appeal, which is whether the trial court erred in finding that it would be inequi table for Father to be responsible for Madeline ’s room and board after she moved out of the sorority house. Mother does not challenge the trial court’s findings of fact; instead, she asserts that the trial court clearly erred by concluding that Mother sho uld be responsible for Madeline’s room and board expenses for the 2012 summer and fall semesters and the 2013 spring semester on purely equitable grounds, namely that she “did not come to Court with clean hands.” Appellant’s App. p. 24 . On appeal, we wil l not reweigh the evidence nor assess the credibility of the witnesses; instead, we determine whether the evidence supports the findings, and whether the
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. Id

.
[31] The unclean

- hands doctrine is an equitable tenet that demands one who seeks equitable relief to be free of wrongdoing in the matter before the court. Coppolillo v. Cort , 947 N.E.2d 994, 1000 (Ind. Ct. App. 2011) (citing Fairway Developers, Inc. v. M arcum, 832 N.E.2d 581, 584 (Ind. Ct. App. 2005), trans
. denied .). The purpose of the unclean

- hands doctrine is to prevent a party from reaping benef its from his or her misconduct. Id

. For the doctrine of unclean hands to apply, the alleged wrongdoing mu st be intentional and must have an immediate and necessary relation to the matter being litigated. Id

. The doctrine of unclean hands is not favored by the courts and must be applie d with reluctance and scrutiny. Id . (citing W agner v. Estate of Fox, 717 N.E.2d 195, 202 (Ind. Ct. App. 1999) )

.
[32] With respect to this issue, the trial court issued the following conclusions of law: 65. [] [T]his Court recognizes that one seeing equitable relief must come to Court with “clean hands”. The unclean hands doctrine is an equitable tenet that demands one who seeks equitable relief to be free of wrongdoing in the matter before the court. Fairway Developers, Inc. v. Marcum , 832 N.E.2d 581, 584 (Ind. Ct. App. 2005), trans. denied

. The alleged wrongdoing must have an im mediate and necessary relation to t he matter being litigated. Id

. For the doctrine of unclean hands to apply, the misco nduct must be intentional. Id

. The purpose of the unclean hands doctrine is to prevent a party from reaping benefits from his misco nd uct. Id . at 585. * * * * *

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- 663 | June 23, 2015 Page 24 of 2769. During 2012, Madeline lived in a location in Atlanta that was unknown to Father. Madeline chose to notify Mother exclusively regarding the location of her apartment. 70. It would not be equitable for Father to pay for Madeline ’s room and board when it was Mother who benefited exclusively from knowing where Madeline resided in Atlanta and enjoying her company in Atlanta and Indianapolis. * * * * * 84. The Court finds that Madeline and Mother bear some of the fault for the deteriorating relationship between Madeline and Father and thus did not come to Court with clean hands. 85. Madeline made no attempt to have a relationship with her Father except for a few text messages and e - mail s. * * * * * 88. Madeline invited Mother to Atlanta for family occasions but did not invite Father. 89. Father did not know where Madeline lived in Atlanta when she moved out of the sorority in April, 2012. 90. It would not be equitable for Father to pay for Madeline ’s room and board whe n it was Mother who benefitted exclusively from knowing where Madeline resided in Atlanta and enjoying her company in Atlanta and in Indianapolis. 91. This Court finds that Mother shall remain responsible for Madeline ’s room and board for summer and fall, 2012, and spring, 2013, in the sum of $10,596.28. Appellant’s App. p. 22

- 25.

[33] Here, Mother asserts, and we agree, that the trial court made no specific findings about any intentional misconduct on Mother’ s part . And i ndeed, we can find nothing in the record that supports the conclusion that Mother committed any a cts of intentional misconduct

. We acknowledge that Mother visited Madeline in Atlanta and that Madeline stayed exclusively with Mother

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- 663 | June 23, 2015 Page 25 of 27when she was home in Indianapolis. But we cannot imagine faulting Mother for the fact that Madeline preferred to spend time with her rather than with Father , and we find no evidence to support the conclusion that Mother bore “some of the fault for the deteriorating relationship between Madeline and Father

. ” Ap pellant’s App. p. 24.

[34] As to Father’s knowledge of Madeline ’s housing: w e acknowledge that Madeline did not invite Father to visit her off

- campus apartment, and that she was not entirely forthcoming with information about her housing. B ut she did notify Father that she was moving out of the sorority house to a n off

- campus apartment, and she sent photos of the apartment to Father. See Appellee’s App. p. 149, 163

- 66. Father, for his part, responded that “[t]he apt. looks so nice. The faucet looks very hot and cool (LOL)[.] Def something I would like.” Id

. at 149. The re is no evidence that Father ever questioned her housing choice or communicated to her that he would not pay for her to li ve in off

- campus housing.

[35] The Agreed Entry clearly states that Father is responsible for housing. There is no distinction made in the language of the Agreed Entry between on

- vs. off

campus housing , as Father contends . Given that the trial court found

— and we affirm

— that Madeline ’s behavior did not rise to the level of repudiation, we conclude that Father remains liable for that expense. And because we find no evidence whatsoever that Mother engaged in any acts of intentional misconduct regarding Father ’s knowledge of or access to Madeline ’s housing, we respectfully disagree with the trial court’s use of the equitable doctrine of Court of Appeals of Indiana | Opinion 29A02

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- 663 | June 23, 2015 Page 26 of 27unclean hands in this context. We conclude tha t Father remains liable for Madeline ’s room and board for the summer and fall s emesters of 2012, and the spring 2013 semester. Affirmed in par t and reversed in part

. Kirsch, J., and Bradford, J., concur.

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