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Supreme Court emancipation, support ruling draws sharp dissent

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A 3-2 Indiana Supreme Court decision in a case involving a child’s emancipation and a father’s contribution toward her education resulted in a tough dissent from two veteran justices.

In Annette (Oliver) Hirsch v. Roger Lee Oliver, 29S02-1109-DR-530, the majority ruled that father Roger Lee Oliver was not obligated to provide educational support for his daughter Courtney. Evidence in Hamilton Superior Court showed the daughter had dropped classes, and the majority of justices remanded the case for the court to determine the proper date of emancipation and accordingly calculate the amount of the father’s overpayment.

The opinion written by Justice Steven David was joined by Justice Mark Massa and Chief Justice Brent Dickson.

“We cannot conclude that the trial court abused its discretion,” David wrote in a decision that reversed a divided Court of Appeals decision that overturned the trial court’s ruling. “Although the (Court of Appeals) majority’s analysis of the evidence is intricate, we believe that the analysis is simply a reweighing of the evidence, which is not permitted under the applicable standard of review. The dissent is correct in noting the evidence supported the trial court’s decision on this issue, and we should not second-guess the trial court’s determination when it is in the best position to judge the credibility of witnesses. Accordingly, we affirm the trial court’s ruling on post-secondary educational expenses.”

At issue was the breadth of the definition of “enrolled” and whether a student who withdraws from courses still may be entitled to educational support past the age of emancipation. “When an adult child fails to pursue secondary or post-secondary education as defined in the statute and is also capable of supporting himself or herself, there is no reason for the parents to be legally required to support the adult child,” David wrote.

But Justice Frank Sullivan, in a dissent joined by Justice Robert Rucker, said “the Court has impermissibly rewritten and incorrectly interpreted Indiana Code section 31-16-6-6. .... The Court says that when the circumstances described in Indiana Code section 31-16-6-6(a)(3) exist, then a child is emancipated for purposes of Indiana law. This is not correct.”

“If the Legislature intended the circumstances of subsection (a)(3) to constitute emancipation, it would have either included those circumstances within subsection (a)(1) or defined “emancipation” in subsection (b) to include them.

“That having been said, I acknowledge that with the Legislature’s recent action reducing the age of emancipation from 21 to 19 effective July 1, 2012, … the consequences of the Court’s decision are likely to be insignificant.”
 

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  1. 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

  2. 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

  3. 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

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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