David, J.
….
What constitutes emancipation is a question of law; whether emancipation has occurred is a question of fact. Dunson v. Dunson, 769 N.E.2d 1120, 1123 (Ind. 2002). A party seeking emancipation must establish it by competent evidence. Id. Indiana Code section 31-16-6-6 (Supp. 2010) deals with the termination of child support and emancipation.1 [FN 1: We note that Indiana Code section 31-16-6-6 has been amended by Public Law 111-2012, and the amendments take effect on July 1, 2012. The amendments change the automatic age of emancipation from twenty-one to nineteen. See 2012 Ind. Legis. Serv. P.L. 111-2012 (West). The amendments, however, do not affect our analysis in this case.] It provides as follows:
(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.
(2) The child is incapacitated. In this case the child support continues during the incapacity or until further order of the court.
(3) The child:
(A) is at least eighteen (18) years of age;
(B) has not attended a secondary school or postsecondary educational institution for the prior four (4) months and is not enrolled in a secondary school or postsecondary educational institution; 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) is on active duty in the United States armed services;
(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 child emancipated and terminate the child support.
….
Decisions that view subsection (a)(3) as not concerning emancipation fail to see that emancipation must be a natural consequence of finding that the child has reached the age of majority, has not fulfilled the stated educational requirements, and is capable of supporting himself or herself. When an adult child fails to pursue secondary or post-secondary education as defined in the statute and is also capable of supporting himself or herself, there is no reason for the parents to be legally required to support the adult child. [Footnote omitted.] And we cannot envision a situation where a trial court finds that the three requirements of (a)(3) are fulfilled but the child regardless remains unemancipated. In essence, if under Indiana Code section 31-16-6-6(a)(3), a trial court determines there is no longer an obligation of the parent to support the child, emancipation has necessarily occurred because the child has reached the age of majority and is no longer under any legal disability by virtue of being a minor. Accordingly, once a trial court finds that subsection (a)(3)’s requirements have been met and child support terminates, emancipation occurs as a matter of law. [Footnote omitted.]
….
We affirm the trial court’s ruling that Father is not obligated to contribute to Courtney’s post-secondary educational expenses. We remand to the trial court to determine the correct date of Courtney’s emancipation.
Dickson, C.J., and Massa, J., concur.
Sullivan, J., dissents with a separate opinion in which Rucker, J., concurs.
Sullivan, Justice, dissenting.
Believing that the Court has impermissibly rewritten and incorrectly interpreted Indiana Code section 31-16-6-6, I respectfully dissent.
The Court says that when the circumstances described in Indiana Code section 31-16-6-6(a)(3) exist, then a child is emancipated for purposes of Indiana law. This is not correct. E.g., Sexton v. Sedlak, 946 N.E.2d 1177, 1186-87 (Ind. Ct. App. 2011), trans. denied; Carpenter v. Carpenter, 891 N.E.2d 587, 593 (Ind. Ct. App. 2008); Marshall v. Marshall, 601 N.E.2d 9, 12 & n.2 (Ind. Ct. App. 1992) (interpreting former version of statute); Brancheau v. Weddle, 555 N.E.2d 1315, 1316-17 & n.1 (Ind. Ct. App. 1990) (same). Contra Butrum v. Roman, 803 N.E.2d 1139, 1144 (Ind. Ct. App. 2004), trans. denied; Connell v. Welty, 725 N.E.2d 502, 505 (Ind. Ct. App. 2000). Indiana Code section 31-16-6-6 sets forth three situations in which a child support obligation does not terminate at age 21. Subsection (a)(1) specifies that one of those situations is emancipation, and subsection (b) defines “emancipation.” Ind. Code § 31-16-6-6(a)(1), (b) (2008). If the Legislature intended the circumstances of subsection (a)(3) to constitute emancipation, it would have either included those circumstances within subsection (a)(1) or defined “emancipation” in subsection (b) to include them.
That having been said, I acknowledge that with the Legislature’s recent action reducing the age of emancipation from 21 to 19 effective July 1, 2012, see Pub. L. No. 111-2012, §§ 1-2, 2012 Ind. Acts 1590, 1590-91 (amending I.C. §§ 31-14-11-18 and 31-16-6-6), the consequences of the Court’s decision are likely to be insignificant.
Rucker, J., concurs.