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Lisa Svenstrup v. Thomas Svenstrup
981 N.E.2d 138
| Ind. Ct. App. | 2012
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Background

  • 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)
Read the full case

Case Details

Case Name: Lisa Svenstrup v. Thomas Svenstrup
Court Name: Indiana Court of Appeals
Date Published: Dec 31, 2012
Citation: 981 N.E.2d 138
Docket Number: 29A02-1206-DR-452
Court Abbreviation: Ind. Ct. App.