Appeal questions 'enrollment,' self-supporting standards for emancipation

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In tackling a child support case involving a teenager’s emancipation, Indiana Court of Appeals judges disagree on what state statute defines as “enrolled” in college. One judge believes the majority wrongly reweighed evidence in this case to come to its decision.

The 29-page opinion comes in Annette (Oliver) Hirsch v. Roger Lee Oliver, No. 29A02-1004-DR-429, arising out of Hamilton Superior Court. Married in 1985, the couple had three children during their marriage and divorced in 1994. The father contributed to the support of both children and they were eventually emancipated by the court.

Many of the issues in this case center on the youngest daughter, who was born in 1990 and graduated from high school in 2009. The father petitioned to have her emancipated later that year after she withdrew from college courses less than two weeks after starting classes. She moved back in with the mother and stepfather and obtained a part-time job to help support herself. An emancipation hearing set for October 2010 was continued a few months, and during that time the daughter moved out of the mother’s house and rented an apartment.

The trial court determined that she was emancipated as of the September 2009 date when the father filed the petition. The court also ruled that her father didn’t have to contribute anything toward her college expenses, as she had started attending classes again.

But the Court of Appeals found the trial court erred on the emancipation date, because she was considered “enrolled” in college courses as of that September 2009 date as written in Indiana Code 31-16-6-6, known as the emancipation statute.  A provision requires that a child is eligible for emancipation if he or she is at least 18, isn’t enrolled in secondary or post-secondary school, and is capable of supporting oneself through employment. The trial court should have determined that the daughter was enrolled in college, regardless of whether she completed courses or not, Judges Michael Barnes and Nancy Vaidik found. They also determined that she wasn’t capable of supporting herself despite the jobs, because it didn’t appear she was able to make enough money or possessed job skills to earn more down the road.

Specifically, the majority noted this state’s public policy clearly requires continued child support payment until the child is no longer in actual need of that support, and the trial court in this case was wrong in deciding otherwise.

But Judge John Baker disagreed on the emancipation date because of the daughter’s “enrollment” in college courses as well as the issue of whether she was capable of supporting herself to be emancipated.

The relevant statute doesn’t define “enroll,” and this court has previously ruled that the term means “more than being involved in the application process… it means that one has been accepted to the institution and is officially registered at the institution as a student.” Judge Baker wrote that the definition that was reached in Butrum v. Roman, 803 N.E. 2d 1139, 1145 (Ind. Ct. App. 2004) sometimes doesn’t go far enough, and this is one of those cases.

“Accepting such a broad definition of the term means that a student could conceivably be ‘enrolled’ in a postsecondary educational institute in perpetuity without ever actually taking classes,” he wrote, adding that he’d expand the statutory interpretation to mean one must also in good faith be attending or intending to attend classes.

Judge Baker also took issue with the appellate majority reweighing the daughter’s credibility on employment history and college courses. He also disagreed on the majority requiring the father to pay postsecondary educational expenses, given the specific facts before the lower court.

“I believe that by reversing on this issue, the majority is necessarily reweighing the evidence,” he wrote.

The appellate court also determined the lower judge incorrectly calculated child support amounts and attorneya fees. It remanded on those issues.



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

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