Daughter's emancipation upheld; COA advises on forthcoming child-support changes

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A 20-year-old woman will remain emancipated from her divorced parents after the Indiana Court Appeals on Friday upheld a Howard Circuit Court order.

The court also offered guidance regarding a forthcoming change in state law that will lower the age of child support termination from 21 to 19: Parents still may be obligated to provide educational support past age 19.

The young woman, K.S., was emancipated when the father successfully sued to discontinue child support payments after she became pregnant. Her mother appealed in Tricia Sexton v. Travis Sexton, No. 34A02-1111-DR-1059, claiming the trial court erred in finding that K.S. was outside the care or control of her parents and was self-supporting.

K.S. had obtained a certified nursing assistant license in high school and had been working at a nursing home and taking classes at Ivy Tech while her father continued weekly child support payments of $240. Two months after she became pregnant, she quit her job.

The father sued before K.S.’s child was born and court records say K.S. told the father that she refused to see him, and he would no longer have a relationship with her or his grandson. K.S. lived with her mother and didn’t work or pay rent, but received government assistance and financial aid that fully paid her tuition at Ivy Tech. She also testified she was in a relationship with the child’s father who provided support for the child as she requested.

“While a finding that a child placed herself outside the care or control of her parents cannot be based solely on the fact that she gave birth to a child, that fact, when taken in conjunction with others, may support such a finding. That is the case here,” Judge Nancy Vaidik wrote for the panel.
“At nineteen, K.S. is a mother. She continues to have a romantic relationship with her child’s father, who provides supplies for the child as requested by K.S. In addition, K.S. applied for, and receives, some governmental assistance. She refuses a relationship with her own father and denies her father a relationship with his grandson. These decisions are those of an adult not under the care or control of either parent. The trial court did not err in finding that K.S. put herself outside her parents’ care or control,” Vaidik wrote.

The father also raised a point about Public Law 111-2012, which will change the age for termination of child support from 21 to 19 on July 1. The court didn’t rule on the father’s claim that the law would have automatically emancipated his daughter, but it used this case to point out an exception and offer guidance and a warning.

“Although Public Law 111-2012 will modify the presumptive age for termination of child support, it will not alter a child’s ability to obtain educational support — with one important exception. It will amend the time frame in which certain children may seek educational support,” the opinion said.

“Since designating support as ‘educational’ support was often not vital before the enactment of Public Law 111-2012, we anticipate that many support orders for college-age students may not specifically refer to the support as educational, although in reality it is. Trial courts must determine on a case-by-case basis whether support is in fact educational support. Thus, obligors who believe that their support obligation will terminate under the new legislation on July 1 would be wise to seek legal advice instead of unilaterally stopping support payments. To do otherwise risks a finding of contempt and possible criminal sanctions for failing to pay support.”



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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.