New Indiana Emancipation Law

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New Indiana Emancipation Law

Postby sthovson » Thu Jul 05, 2012 10:35 am

Understand the new Emancipation (19 years old) went into effect on 1 July 2012. I am a father of three 25, 22, and 19, and my ex-spouse is now taking me back to court for college expense which she filed in March 2012 (two months after my son turned 19). Does my ex-spouse still have the burden of proof relative to...if we had still been married that we would have resourced our children's college? She has done a fantastic job in alienating my children from me, as my son won't even communicate with me. Also, does Indiana case law exist where a father stopped paying support w/o an order where he won. I had tried for years to work out an agreement with my ex-spouse for reductions as my older children became emancipated under the old law (21), but she would never agree (I live in Alabama), so I finally got sick of her refusals to cooperate and stopped paying last May. I currently have representation to adjudicate these issues, but any help would be greatly appreciated.

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Re: New Indiana Emancipation Law

Postby hoosier_dad » Thu Jul 05, 2012 11:25 am

sthovson wrote:Does my ex-spouse still have the burden of proof relative to...if we had still been married that we would have resourced our children's college?


The caselaw I've reviewed still lists that as the initial decision criteria:

In determining whether to order either or both parents to pay sums toward their child's college education, the court must consider whether and to what extent the parents, if still married, would have contributed to the child's college expenses.


sthovson wrote:Also, does Indiana case law exist where a father stopped paying support w/o an order where he won.


You stopped paying because your youngest reached 19? If that is the case there is caselaw to support that assuming the CS order covered only that one child.

sthovson wrote:She has done a fantastic job in alienating my children from me, as my son won't even communicate with me.


There is significant caselaw in Indiana that if your child has rejected the parent child relationship they have forfeited any rights to ask for post-secondary support.

Here's one case:

http://scholar.google.com/scholar_case?case=7097774023658542117&q=college+divorce&hl=en&as_sdt=4,15



Since 1991, Father has stood with open arms to reestablish a father-son relationship with Joel. Joel, on the other hand, has rejected Father's invitation and has instead obtained a court order requiring Father to stand with outstretched, open wallet. Joel's repudiation of the father-son relationship has relieved Father of any further responsibility to contribute toward Joel's college education. See Green, 447 N.E.2d 605; Isler, 422 N.E.2d 416; Milne, 556 A.2d 854. Father has demonstrated prima facie reversible error.

Judgment reversed.
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