Sexton v. Sexton
2012 Ind. App. LEXIS 275
| Ind. Ct. App. | 2012Background
- Mother appeals a trial court order emancipating K.S. under Indiana Code 31-16-6-6(b)(3) on the ground that she remained under parental care and control and self-supporting.
- Father sought emancipation in March 2011; hearing in August 2011; court found K.S. emancipated.
- K.S., born 1991, lived with Mother, did not pay rent, had not worked since Nov 2010; received governmental aid for tuition at Ivy Tech.
- K.S. worked and attended Ivy Tech prior to pregnancy in Sept 2010; stopped work after pregnancy; gave birth to a son in June 2011.
- K.S. relies on her romantic partner for some baby supplies and on government assistance; she did not seek paternity or child support from the father.
- The opinion discusses Public Law 111-2012 changing the presumptive age for child-support termination and addresses retroactivity provisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether K.S. was emancipated under 31-16-6-6(b)(3). | Sexton argues K.S. remains under care or control and not self-supporting. | Sexton contends K.S. placed herself outside parental care/control and is self-supporting. | K.S. was emancipated; outside care/control and self-supporting established. |
| Whether the trial court erred in relying on pregnancy/out-of-wedlock birth to show emancipation. | Mother argues pregnancy alone cannot prove emancipation. | Father argues pregnancy supports outside care/control and emancipation. | Pregnancy considered with other factors supported emancipation. |
| Whether Public Law 111-2012 applies retroactively to terminate or modify past support. | Sexton contends the law would terminate support earlier. | Father urges retroactive effect to recover past support. | Amended statute not retroactive; past support not reopened; no recovery. |
Key Cases Cited
- Carpenter v. Carpenter, 891 N.E.2d 587 (Ind.Ct.App.2008) (emancipation and deference to trial court's findings in support-modification decisions)
- Butrum v. Roman, 803 N.E.2d 1139 (Ind.Ct.App.2004) (emancipation requires competent evidence; not a basis to substitute the trial court’s judgment)
- Dunson v. Dunson, 769 N.E.2d 1120 (Ind.2002) (requires self-supporting status and lack of care/control for emancipation)
- Robles v. Robles, 855 N.E.2d 1049 (Ind.Ct.App.2006) (pregnancy not an express basis for emancipation but may support outside care/control finding)
- Carson v. Carson, 875 N.E.2d 484 (Ind.Ct.App.2007) (educational support principles beyond twenty-first birthday)