COA: Supreme Court was Clear, Post-Secondary Educational Expenses are Constitutional

Family Law Case Review

Case: Lisa Gill, et al. v. Jeffrey B. Gill, et al.
by Mike Kohlhaas, Bingham Greenebaum Doll

This is a consolidated appeal of three separate challenges to Indiana’s post-secondary educational expense statute. The constitutional arguments are: (1) the statute violates Equal Protection, by placing divorced parents in a different position than married parents; and (2) the statute violates a parent’s constitutional right to determine his or her child’s upbringing and education.

The Court of Appeals quickly disposed of the matter, concluding that “the Indiana Supreme Court has clearly held that statutory authority allowing a trial court to order a divorced parent to contribute to his child’s post-secondary educational expenses is constitutional.” The Court was unpersuaded by the appellants’ argument that the passage of time warranted a closer review of precedent.

We will provide updates on transfer, if sought.

To view the text of this opinion in its entirety, click here: Lisa Gill, et al. v. Jeffrey B. Gill, et al.

 

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James A. Reed and Michael R. Kohlhaas of Bingham Greenebaum Doll represent clients in a wide spectrum of relationship transition and wealth planning matters, including premarital agreements, estate planning, cohabitation, separation, divorce (especially involving high net worth individuals and/or complex asset issues), custody, parenting arrangements, adoption, and domestic partnerships. Bingham Greenebaum Doll, a multidisciplinary law firm serving regional, national, and international clients, is the fourth-largest law firm in Indiana. The firm’s main practices include corporate, property, litigation, labor, government law, and personal services law. Visit the firm’s website at www.bgdlegal.com.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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