Wittwer v. Wittwer’s Empirical Analysis
1989
Citation profile
10
cited by 10 later decisions
1
states following
December 2003
most recently cited
10 state decisions
Relationships
Relies on Ware v. United States · Coonan v. State · 175 Ind. App. 257 - Costanzi v. Ryan · Martin v. Martin · Lyons v. State
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) The duty to support a child under this chapter ceases when the child becomes twenty-one (21) years of age unless any of the following conditions occurs: (1) The child is emancipated before becoming twenty-one (21) years of age. In this case the child support, except for the educational needs outlined in section 2(a)(1) of this chapter, terminates at the time of emancipation, although an order for educational needs may continue in effect until further order of the court. [[Image here]] (8) The child: (A) is at least eighteen (18) years of age; (B) has not attended a secondary or postsecondary school for the prior four (4) months and is not enrolled in a secondary or postsecondary school; and (C) is or is capable of supporting himself or herself through employment. In this case the child support terminates upon the court's finding that the conditions prescribed in this subdivision exist. However, if the court finds that the conditions set forth in clauses (A) through (C) are met but that the child is only partially supporting or is capable of only partially supporting himself or herself, the court may order that support be modified instead of terminated. (b) For purposes of determining if a child is emancipated under subsection (a)(1), if the court finds that the child: (1) has joined the United States armed forces; (2) has married; or (3) is not under the care or control of: (A) either parent; or (B) an individual or agency approved by the court; the court shall find the c”
1 later decision quote this exact passagee.g. Borders v. Noel“The statute does not authorize adult children to use post-dissolution proceedings to finance the expenses of college commenced or resumed later in life. If this had been the intention of the General Assembly, we presume that the enacted statute would have so provided. It does not. The statutory language is clear. Where educational needs are expressly included in a support order enacted prior to a child's emancipation or attaining age 21, the trial court is authorized to continue to address such educational needs.'”
1 later decision quote this exact passage“(e) For purposes of determining if a child is emancipated under subsection (d)(1), if the court finds that the child: (1) has joined the armed services; ... the court shall find the child emancipated and terminate child support.”
1 later decision quote this exact passagee.g. Borders v. Noel
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.