Lisa Svenstrup v. Thomas Svenstrup
981 N.E.2d 138
| Ind. Ct. App. | 2012Background
- Mother appeals the trial court's denial of her petition for allocation of college expenses.
- Dissolution of marriage occurred in 2006; decree provided child support and shared extracurricular expenses and a life-insurance provision for education security.
- T.S. enrolled at Indiana University Bloomington in 2011 and a related modification order reduced Father's child support due to finances.
- Mother introduced additional college-cost evidence (fees, books, moving, fraternity-related costs) and alleged both parents should fund education.
- The court denied the college-expenses petition, noting no absolute parental duty to fund college and citing ongoing financial constraints; attorney's fees were denied.
- Mother moved to reconsider, which the court denied; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying college-expense allocation | Mother | Svenstrup | Affirmed |
Key Cases Cited
- Bales v. Bales, 801 N.E.2d 196 (Ind. App. 2004) (no absolute duty to fund college; factors considered)
- Hirsch v. Oliver, 970 N.E.2d 651 (Ind. 2012) (guidance on post-secondary expenses and modification)
- McKay v. McKay, 644 N.E.2d 164 (Ind. Ct. App. 1994) (economic considerations in college-support orders)
- Claypool v. Claypool, 712 N.E.2d 1104 (Ind. Ct. App. 1999) (loans and aid considerations in college funding)
- Hinesley-Petry v. Petry, 894 N.E.2d 277 (Ind. Ct. App. 2008) (statutory framework for education-support orders)
