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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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