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