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Pending petition for child support becomes applicable after Legislature amends statute

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A trial court will have to reconsider its ruling in a child support dispute in light of a state law that was changed while an appeal of the case was pending.

Richard Littke had filed a petition to obligate his ex-wife, Laurie Littke, to help cover their daughter’s college expenses in 2012. The trial court granted Laurie Littke’s motion to dismiss because the couple had already agreed their daughter was emancipated pursuant to Indiana Code 31-16-6-6 effective July 1, 2012.

While the father’s appeal was pending before the Indiana Court of Appeals, however, the Legislature enacted an amendment that made his petition timely.

During the 2012 and 2013 sessions, the Indiana General Assembly amended I.C. 31-16-6-6 which governs the termination of child support and emancipation of a child. In 2012, the Legislature changed the presumptive age for termination of child support from 21 to 19. The next year, the governing body added subjections addressing the filing of a petition for education needs.

Consequently, the Court of Appeals found under the applicable version of I.C. 31-16-6-6 the father’s petition was not untimely. In Richard Littke v. Laurie Littke, 64A03-1211-DR-509, the COA reversed the order dismissing the father’s petition for postsecondary educational expenses as untimely and remanded to the trial court to make a determination on the merits of the father’s petition.

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  1. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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