ILNews

Appeal affirms denial of emancipation; includes mother in support

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The Indiana Court of Appeals affirmed a Floyd Superior Court ruling denying emancipation of a 19-year-old, but sent the case back to the trial court for recalculation of her support payments to include her mother as well as her father.

Cassandra Ashabranner’s father, David Ashabranner, filed a motion for emancipation that would have ended his child support payments to her. She lived alone after her mother, Sandy Wilkins, moved out of the apartment the two had shared in Clarksville.

In David Ashabranner v. Sandy Wilkins, f/k/a Ashabranner, No. 22A01-1109-DR-411, the appeals court said that while both the daughter and mother were comforted by the mother’s relocation to provide her daughter a future property, “this move was not initiated by Cassandra, and therefore she is not emancipated,” according to the unanimous ruling written by Chief Judge Margret Robb.

“Father next argues that if we affirm the trial court order continuing his child support obligation, which we do, then Mother should also be ordered to pay child support. We agree,” Robb wrote. “We remand this case to the trial court for calculating the correct amount of Mother’s child support obligation and enter an order requiring Mother pay accordingly. To the extent that such calculation warrants modification of the amount of Father’s obligation, the trial court is ordered to make the appropriate adjustment.”

The daughter works as a waitress and is pursuing post-secondary education. “It is prudent to note here that the only reason the trial court should not consider Cassandra’s income at this point is because the issue before it is one of basic child support and not one of post-secondary education expenses,” according to the order. “If the trial court had before it a petition for post-secondary education expenses, Cassandra’s income would necessarily be fair game for the trial court’s consideration.”

The order concluded, “We applaud Cassandra for her courage and determination to seek an education and provide for herself financially, and we refuse to hold her efforts and resolve to do so against her. The trial court shall not consider her income in determining the amount of financial support she receives from her parents.”

 

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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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