Hirsch v. Oliver
2011 Ind. App. LEXIS 444
Ind. Ct. App.2011Background
- Married 1985, divorced 1994; three children: Katherine (1986), Elizabeth (1988), Courtney (1990); Mother had primary physical custody; emancipation proceedings and post-secondary education costs at issue for Courtney; Elizabeth emancipation granted; Courtney intermittently attended Ivy Tech with a 100% scholarship and later withdrew, then re-enrolled; trial court emancipated Courtney as of Sept. 23, 2009, and ordered no educational support from Father; Mother sought repayment for overpayment and medical expenses, plus fees.
- Elizabeth emancipated as of March 2009; Courtney emancipated as of December 10, 2009 per Mother’s concession on appeal; Father continued child support after emancipation dates; health insurance costs ($42.50/week) factored in earlier orders.
- Court found Courtney emancipated as of December 10, 2009 and remanded to recalculate Father’s overpayment and to determine post-secondary education contribution; ordered Mother to repay overpayments, and to apportion uninsured medical expenses; reversed attorney-fee award to Father and costs for his current wife’s travel.
- Judge’s opinion holds that emancipation date is December 10, 2009, not September 23, 2009, and requires recalculation of support overpayment; educational expenses and medical expenses must be reconsidered; attorney-fee award to Father reversed; travel-cost award to Father’s wife reversed.
- The case cites multiple Indiana precedents on emancipation standards, educational expenses, and fee awards, shaping remand instructions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Emancipation date for Courtney | Courtney emancipated as of Dec. 10, 2009 | Courtney emancipated earlier (Sept. 23, 2009) | Court emancipated Dec. 10, 2009; remand for recalculation |
| Post-secondary educational expenses for Courtney | Father should contribute to Courtney’s education | Courtney not entitled to further education funds | Trial court abused discretion; remand for post-secondary expense order |
| Uninsured medical expenses 2009 | Mother and Courtney incurred uninsured costs; Father should share | Mother bears first $612.83 under the 2008 order; amounts should be recalculated | Remand to apportion uninsured medical expenses per updated emancipation date |
| Attorney fees and witness costs | Fees to Father are reasonable under statute | Fees improper without proper consideration of resources | Reversed the attorney-fee award and the travel-witness cost to Father’s current wife; fees remanded |
Key Cases Cited
- Tew v. Tew, 924 N.E.2d 1262 (Ind.Ct.App.2010) (emancipation standards; burden on party seeking emancipation)
- Connell v. Welty, 725 N.E.2d 502 (Ind.Ct.App.2000) (emancipation determination requires proof of self-support capacity)
- Butrum v. Roman, 803 N.E.2d 1139 (Ind.Ct.App.2004) (definition of 'enrolled' includes official registration; educational obligations)
- Dunson v. Dunson, 769 N.E.2d 1120 (Ind.2002) (policy favoring continued support until need ends; emancipation context)
- Thiele v. Thiele, 479 N.E.2d 1324 (Ind.Ct.App.1985) (guidelines for resuming education-related support after hiatus)
- Knisely v. Forte, 875 N.E.2d 335 (Ind.Ct.App.2007) (educational expense considerations; ongoing obligations post-emancipation)
- Becker v. Becker, 902 N.E.2d 818 (Ind.2009) (retroactive modification of child support; limits)