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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. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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