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ATTORNEY FOR APPELLANT Trenna S. Parker Noblesville, Indiana

ATTORNEYS FOR APPELLEE Eric J. Benner Laurie D. Johnson Noblesville, Indiana

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Indiana Supreme Court
_________________________________ No. 29S02-1109-DR-530 ANNETTE (OLIVER) HIRSCH,

In the

FILED
Jun 29 2012, 2:35 pm
of the supreme court, court of appeals and tax court

CLERK

Appellant (Petitioner below), v. ROGER LEE OLIVER, Appellee (Respondent below). _________________________________ Appeal from the Hamilton Superior Court, No. 29D02-0411-DR-988 The Honorable Daniel J. Pfleging, Judge The Honorable William P. Greenaway, Magistrate _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 29A02-1004-DR-429 _________________________________ June 29, 2012 David, Justice. In this case, after two hearings, the trial court issued a number of post-dissolution orders. Relevant to this appeal are the trial court's specific findings related to the emancipation of a child and the requirement of a parent to contribute toward a child's post-secondary educational expenses. On appeal, a trial court's orders should be afforded the appropriate level of deference, as reflected in the applicable standard of review. This opinion clarifies various aspects of the emancipation statute and also affirms the majority of the trial court's rulings on emancipation and post-secondary educational expenses.

Facts and Procedural History Annette (Oliver) Hirsch ("Mother") and Roger Lee Oliver ("Father") were married in 1985 and divorced in 1994. They had three children during their marriage: Katherine in 1986; Elizabeth in 1988; and Courtney in 1990. Over the years, following the dissolution, Mother and Father have litigated various issues related to the children. The present case primarily deals with Courtney, and to a lesser extent, Elizabeth. On September 23, 2009, Father petitioned the trial court to emancipate Courtney. Mother initially contested Courtney's emancipation but later stipulated Courtney was emancipated no later than December 10, 2009. Mother also sought contribution from Father for Courtney's postsecondary educational expenses. The trial court held evidentiary hearings on these, and other, issues in October 2009 and February 2010. Subsequently, in March 2010, the trial court issued an order that (1) declared Courtney emancipated as of September 23, 2009; (2) declined to require Father to contribute toward Courtney's post-secondary educational expenses; (3) determined Father's overpayment of child support and ordered Mother to repay that amount; (4) held Father owed Mother nothing toward Elizabeth and Courtney's 2009 medical expenses; (5) ordered Mother to pay $5,000 in attorney's fees to Father; and (6) ordered Mother to pay Father's current wife $227 in witness-expense fees. Mother appealed, raising arguments related to the trial court's six rulings described above. A majority of the Court of Appeals reversed and remanded on all of the issues. Hirsch v. Oliver, 944 N.E.2d 956 (Ind. Ct. App. 2011). Judge Baker dissented on two points: the date of Courtney's emancipation and Father's obligation to contribute to Courtney's post-secondary educational expenses. Id. at 970

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