David A. Turner v. Debbie L. Turner
2013 Ind. App. LEXIS 103
| Ind. Ct. App. | 2013Background
- Married in 1989; one child, Cody (born March 1993).
- Petition for dissolution filed November 1998; final dissolution decree entered August 14, 2000.
- Decree provided $144/week child support until child reaches 21, with boilerplate termination terms.
- On July 12, 2012, Father petitioned to terminate child support under July 1, 2012 amendment to Indiana Code § 31-16-6-6.
- Trial court held August 6, 2012 that the dissolution decree controlled and denied termination.
- Indiana Court of Appeals reverses and remands, holding amended statute governs termination regardless of decree language.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does amended statute control despite dissolution decree language | Turner: statute controls; decree is outdated | Turner: decree controls; statute not applicable | Statute controls; terminate by 7/1/2012 |
Key Cases Cited
- Sexton v. Sexton, 970 N.E.2d 707 (Ind. Ct. App. 2012) (amendment changes termination age to 19)
- Hirsch v. Oliver, 970 N.E.2d 651 (Ind. 2012) (emancipation/age implications of termination)
- Dunson v. Dunson, 769 N.E.2d 1120 (Ind. 2002) (emancipation vs. support obligations)
- Lea v. Lea, 691 N.E.2d 1214 (Ind. 1998) (principles governing child support determinations)
- Cubel v. Cubel, 876 N.E.2d 1117 (Ind. 2007) (appellate review of support determinations)
- Hay v. Hay, 730 N.E.2d 787 (Ind. Ct. App. 2000) (parties may agree to pay more than required by law)
