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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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