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FOR PUBLICATION
ATTORNEY FOR APPELLANT: KAREN YVONNA RENFRO New Albany, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana FRANCES BARROW Deputy Attorney General Indianapolis, Indiana

FILED
Jun 15 2012, 8:51 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
DAVID ASHABRANNER, Appellant-Respondent, vs. SANDY WILKINS, f/k/a ASHABRANNER, Appellee-Petitioner. ) ) ) ) ) ) ) ) )

CLERK

No. 22A01-1109-DR-411

APPEAL FROM THE FLOYD SUPERIOR COURT The Honorable Susan L. Orth, Judge The Honorable Daniel Burke, Magistrate Cause No. 22D01-9402-DR-30

June 15, 2012

OPINION - FOR PUBLICATION

ROBB, Chief Judge

Case Summary and Issues David Ashabranner ("Father") appeals a trial court order denying emancipation of his child, Cassandra Ashabranner, and continuing his obligation to pay child support. Father raises three issues which we restate as: 1) whether the trial court erred in declaring Cassandra not emancipated, 2) whether the trial court erred in not ordering Sandy Ashabranner Wilkins ("Mother") to pay child support, and 3) whether the trial court erred in calculating the amount of child support without considering Cassandra's income and ability to partially provide for herself. We conclude that, based on the evidence presented, the trial court did not err in declaring Cassandra to be unemancipated. We further conclude that the trial court did err in failing to order Mother to pay child support but did not err in refusing to consider Cassandra's income or ability to partially provide for herself. Accordingly, we affirm in part and remand in part. Facts and Procedural History When Father and Mother divorced in 1994, their minor child, Cassandra Ashabranner, lived with Mother alone, and Father was ordered to pay child support. In March 2011, Father filed a petition to terminate child support, alleging Cassandra was emancipated.1 The trial court held a hearing on this motion on May 26, 2011. At the hearing Cassandra testified to the following facts. She was nineteen years old, she graduated and received her high school

In Father's pro se petition, he checked a box which states the reason for Cassandra's emancipation: Cassandra L Ashabranner is at least eighteen (18) years of age; has not attended secondary or post-secondary school for the past four (4) months and is not enrolled in a secondary or postsecondary school; and is or is capable of supporting himself/herself through employment. Appellant's Appendix at 4.
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diploma from Reisz Adult Learning Center a week earlier, on May 20, 2011, and she had submitted an application to enroll at Ivy Tech Community College and begin classes in August 2011.2 She had not received notice of acceptance from Ivy Tech, but was working with staff there to complete her application for financial aid. Regarding her not yet receiving notice of acceptance to Ivy Tech, Cassandra stated: I've already been accepted to one college and they sent me something, but Ivy Tech, they're a little different `cuz it is a community college. I mean, they'll send out a formal letter maybe, just say hey, let you know you got in, but it's not

Download David Ashabranner v. Sandy Wilkins, f/k/a Ashabranner.pdf

Indiana Law