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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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