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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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