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David P. Allen v. Kimberly W. Allen
54 N.E.3d 344
| Ind. | 2016
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Background

  • David and Kimberly Allen divorced in 2002; their dissolution decree and later agreement did not require parents to pay college expenses initially.
  • In 2010 the parties agreed Father would pay their daughter Hunter’s undergraduate expenses and basic child support was terminated.
  • Hunter graduated with honors and was accepted to Indiana University Dental School; Father sought a court order apportioning dental (graduate/professional) school costs between the parents.
  • Trial court found both parents financially able and ordered Father to pay Hunter’s dental school costs (less Hunter’s own grants/scholarships); Mother appealed arguing the court lacked statutory authority to order payment for graduate/professional education.
  • The Indiana Supreme Court granted transfer to decide whether the child-support statute’s use of “postsecondary” includes graduate/professional school expenses.

Issues

Issue Plaintiff's Argument (Allen) Defendant's Argument (Kimberly) Held
Whether Ind. Code § 31-16-6-2’s allowance for educational support at “postsecondary educational institutions” authorizes courts to order parents to pay graduate/professional school expenses The term “postsecondary” is broad and includes any education after high school, including graduate/professional school; courts may order parents to share such costs The statutory term “postsecondary” does not include graduate or professional education; the statute should be read to limit parental obligations to undergraduate/trade programs “Postsecondary” as used in § 31-16-6-2 does not include graduate or professional school expenses; trial court’s order requiring Father to pay dental school costs was reversed

Key Cases Cited

  • Pinnacle Properties Dev. Grp., LLC v. City of Jeffersonville, 893 N.E.2d 726 (Ind. 2008) (statutory interpretation reviewed de novo)
  • State v. I.T., 4 N.E.3d 1139 (Ind. 2014) (plain-meaning rule for unambiguous statutes)
  • In re Howell, 27 N.E.3d 723 (Ind. 2015) (ambiguous statutes invite judicial construction)
  • N.D.F. v. State, 775 N.E.2d 1085 (Ind. 2002) (courts will not read into a statute what the legislature did not express)
  • State Bd. of Accounts v. Indiana Univ. Found., 647 N.E.2d 342 (Ind. Ct. App. 1995) (definitions in one statute may inform construction in another)
  • Turner v. Turner, 983 N.E.2d 643 (Ind. Ct. App. 2013) (discussing legislative changes lowering presumptive termination age for child support)
Read the full case

Case Details

Case Name: David P. Allen v. Kimberly W. Allen
Court Name: Indiana Supreme Court
Date Published: Jun 1, 2016
Citation: 54 N.E.3d 344
Docket Number: 13S01-1601-DR-53
Court Abbreviation: Ind.