Opinion

Brown v. Brown

  • 581 N.E.2d 1260
  • 1991 Ind. App. LEXIS 1995
  • 1991 WL 253069
Court
Indiana Court of Appeals
Filed
Nov 25, 1991
Status
Published
Author
Chezem
On the bench
Chezem, Conover, Rucker
Cited by
13 cases
Authority
More cited than 9.7%

" 'Emancipation' occurs when a minor child becomes free of the care, custody, and control of its parents while still a minor."

How later courts described this case

  • " 'Emancipation' occurs when a minor child becomes free of the care, custody, and control of its parents while still a minor."

Written by the judges who cited it.

The opinion

CHEZEM, Judge,

concurring in result.

I agree with the majority that the trial court's 1986 modification warranted pro *1265 spective application. I also agree that James is entitled to credit for his payments to his daughter, but only because the December 27, 1983 decree did not specify to whom the support would be paid. Paying support to a child is not necessarily supporting the child as many children would not apply the support to food and shelter. See Whitman v. Whitman (1980), Ind. App., 405 N.E.2d 608 . I believe a better policy would be for the trial court to designate the recipient in its decree, which would prevent any uncertainty when determining the trial court's original intent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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