ILNews

Court: child support can include medical costs

Michael W. Hoskins
January 1, 2007
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Parents can be ordered to pay medical expenses for college students as part of child support obligations, even past age 21, the Indiana Supreme Court ruled today.

All five justices agreed in Michael Cubel v. Debra Cubel, 32S04-0707-CV-283, which is authored by Chief Justice Randall T. Shepard and involves two conflicting rulings from the state's appellate court on this issue.

The Hendricks County case involves the two parents who divorced in 2005, but have a daughter attending college in the state. She is currently 21 years old, past the age when child support is generally cut off. Hendricks Superior Judge David Coleman ordered that father Michael Cubel maintain medical, dental, and optical insurance for his daughter until age 23 or she's otherwise emancipated.

But the father argued those insurance payments should be considered child support that ceases at age 21, rather than educational expenses that can be extended past that age. He cited as authority Sebastian v. Sebastian, 798 N.E.2d 224 (Ind. Ct. App. 2003), where the appellate court held that health insurance is in the nature of child support, not educational expenses, and should be terminated at age 21.

However, an earlier appellate decision conflicts with that authority. In Schueneman v. Schueneman, 591 N.E.2d 603 (Ind. Ct. App. 1992), the court held that a trial court can include health insurance payments in a post-secondary educational order, even if those payments continue beyond the child's 21st birthday.

Chief Justice Shepard wrote, "In this case, we are asked to determine whether the General Assembly intended the child support statutes to include insurance coverage for children during college, in accordance with the Schueneman holding, or whether it did not intend to provide for a child's health care costs beyond age twenty-one regardless of whether the child is attending college, in accordance with the Sebastian holding."

Nothing about the history of the educational support statute suggests that the legislature intended to end a child's medical insurance because of college, Chief Justice Shepard wrote, citing Indiana Code 31-16-6-2(a)(2) that provides orders can include "special" medical, hospital, or dental expenses.

"We do not interpret the inclusion of the word 'special' as a constraint on the court's authority to order payment for medical insurance while a child is attending college," he wrote. "If we interpreted the inclusion.... To preclude the trial court (from doing that), many full-time college students would be unable to obtain or afford medical insurance. Our interpretation is further enforced by the practices of the insurance industry that commonly permit a child to remain on a parent's health insurance plan until the time he or she finishes college."

Lower courts can use discretion to establish whether this is appropriate for specific cases, the decision says. The Supreme Court affirms Judge Coleman's decision, except for remanding the case so that the court can consider the child's ability to contribute to her college education and directing that any post-age 21 medical coverage provisions be worked into part of the decree on educational expenses.
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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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