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David A. Turner v. Debbie L. Turner
2013 Ind. App. LEXIS 103
| Ind. Ct. App. | 2013
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Background

  • 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Does amended statute control despite dissolution decree language Turner: statute controls; decree is outdated Turner: decree controls; statute not applicable Statute controls; terminate by 7/1/2012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)
Read the full case

Case Details

Case Name: David A. Turner v. Debbie L. Turner
Court Name: Indiana Court of Appeals
Date Published: Feb 28, 2013
Citation: 2013 Ind. App. LEXIS 103
Docket Number: 85A02-1208-DR-704
Court Abbreviation: Ind. Ct. App.