ILNews

Court denies request for emancipation, child support change

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In deciding whether a father's child support requirement should be modified or ended, the Indiana Court of Appeals refused to adopt new reasoning that any child attending college could be deemed emancipated if that child didn't live in the custodial parent's home.

The unanimous ruling came in Nevin Tew v. Beverly Tew, No. 02A03-0911-CV-529, which affirmed a judgment out of Allen Superior Judge Charles Pratt and Magistrate Lori Morgan's courtroom.

The father appealed the trial court's order denying his 2009 petition seeking a declaration that M.T., his then-18-year-old daughter born in 1986, be emancipated or alternatively that his child support obligation be modified. The Tews had been married between 1982 and 2003, and the mother was awarded custody of M.T. while the father had parenting time and child support payments. The custody arrangement changed in 2005 and the father received custody of the youngest daughter, though the mom later regained custody. Over time, communication between that daughter and the father dwindled.

A year ago, the father filed a petition saying he should no longer be obligated to pay child support for M.T. because she should be deemed emancipated or that she'd repudiated her relationship with him. The older daughter had previously been emancipated, but her status wasn't at issue in the case.

Analyzing the emancipation law provisions in Indiana Code Section 30-16-6-6(a)(3) and (b)(3), the appellate court affirmed the lower ruling and found the trial court didn't err in either denying the father's request to modify the child support obligation or determining that M.T. hadn't repudiated her relationship with the father for emancipation.

The trial court record specifically showed evidence that the father-daughter relationship was still intact, the appellate panel decided.

But the father had specifically argued that she wasn't under the control of either parent because she lived in an apartment with her boyfriend while enrolled full-time in community college. Though M.T. had a part-time job, the trial court determined that she wasn't capable of supporting herself without the parents' help - the mother paid M.T.'s share of the rent and car insurance, as well as school supplies and medication. The father argued that M.T. should have to live with her mother, and that might reduce the need for the existing child support payment level.

Denying that argument, the appellate judges wrote in a footnote, "We note that were we to accept Father's claim in this regard, we would set precedent that any child who attended a post-secondary education institution, whether said institution be near the custodial parent's home or hours away, could be deemed emancipated if the child did not reside in the parent's home. Clearly this is not the legislature's intent."

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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