dissenting.
I respectfully dissent to the majority opinion which affirms the trial court's order allowing the wife to withdraw any balance of the annual interest, less State and Federal income taxes, uninsured medical, hospital, dental and pharmaceutical expenses, and annual child support increases. I do not believe the wife is entitled to the uncertain amount of interest which the account may accrue after the above obligations have been deducted.
The majority's decision contradicts the holding of Hunter v. Hunter (1986), Ind.App., 498 N.E.2d 1278. In Hunter, the Court found four defects in the escalating child support order:
"1) it does not give due regard to the actual needs of the child;
2) it does not consider the non-custodial parent's financial means in relation to the other three factors required to be considered under our statute;
3) it produces an amount of support that is speculative and changing; and
4) it may cause administrative and enforcement problems or encourage animosity and additional litigation by the parties because they did not request or agree to the order fashioned by the trial court."
Id. at 1288.
The trial court's order in this case allowing the wife to withdraw whatever annual interest remains in the account after the mandatory obligations have been satisfied clearly has two of the same defects as the trial court's order in Hunter. Namely, the order is not based on the actual needs of the child and it produces an amount of support that is speculative and changing.
The trial court specifically set an award of $75.00 per week as adequate child support for the minor child. This award was based on the needs of the child. Thereafter, the trial court in requiring the father to place $37,500.00 in an interest-bearing account was assuring that the weekly support obligation could be met as well as any future educational needs and medical expenses. However, to allow the wife to take whatever excess income the account produces in interest after these expenses as well as the taxes, uninsured medical, hospital dental and pharmaceutical expenses, and the annual child support increases have been met, results in a windfall to the wife. This excess annual interest is not based on any actual need of the child since the child's needs have already been met. The amount of interest is also speculative and *975changing since the amount of interest may vary year to year.
The trial court's order directly contradicts the holding in Hunter. The wife is not entitled to the excess annual interest income in the account. The trial court should either permit the father to withdraw this interest on the anniversary date of the deposit, as the wife was entitled to do per the court's order, or the court could order the interest to remain and accrue in the account until the child is emancipated, at which time the father would be owed the interest income.