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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. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  2. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  3. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  4. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  5. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

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