ILNews

Mother may petition for college expenses for emancipated children

Back to TopCommentsE-mailPrintBookmark and Share

Two amendments made by the Indiana General Assembly to the termination of child support and emancipation statute allow for a mother’s college support petition for two emancipated children to stand.

Alexander Toradze and Susan Toradze were divorced in May 2002. The divorce decree included an order for child support for the two minor children but did not contain any language regarding payments toward any college education expenses. In October 2012, the children’s mother filed a petition to modify child support to help cover college costs.

The children’s father filed a motion to dismiss for lack of jurisdiction to decide Susan Toradze’s request based on Indiana Code 31.16-6-6.

In Alexander David Toradze v. Susan Blake Toradze, 71A05-1212-DR-623, the Indiana Court of Appeals affirms the trial court’s denial of Alexander Toradze’s motion to dismiss. The COA concluded the lower court acquired jurisdiction because of amendments regarding child support made to the state statute. The judges pointed to the Legislature’s two amendments to the state statute regarding the termination of children support and emancipation.

The Indiana General Assembly enacted an amendment, effective July 1, 2012, which lowered the age for stopping child support to 19. A year later, the Legislature approved another amendment, retroactively effective July 1, 2012, which enabled a parent, guardian or child to petition for education needs when a child support order was issued before July 1, 2012.

Since the children were both emancipated on July 1, 2012, – the child support order had been issued in 2002 – the Court of Appeals found Susan Toradze can file a petition to modify.

“When Mother filed her petition for educational expenses, both children had not yet reached twenty-one years of age, Judge Patricia Riley wrote. “Because the trial court had established a duty to support the children in a court order issued prior to July 1, 2012 and the children were younger than twenty-one years of age, Mother was entitled to file her petition for post-educational expenses based on I.C. 31-16-6-6(a) & (c).”

Judge Elaine Brown wrote a separate opinion, concurring in result but disagreeing with the “majority’s conclusion that the trial court acquired subject matter jurisdiction to decide Mother’s request….”

Brown concluded the trial court had personal and subject matter jurisdiction and that Ind. Code 31-16-6-6 provided statutory basis for providing Mother the requested relief.



 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

ADVERTISEMENT