Dissenting
Jackson, J.I am unable to concur in the majority opinion and dissent thereto.
To be brief and to the point it is my position that the question as to whether or not a father should be compelled to underwrite the college expenses of his children depends on the circumstances of the individual case.
Ordinarily support for a minor child ceases at age eighteen or at the time of emancipation, whichever first occurs.
It is, I think, quite reasonable to require a father who is financially able, either by reason of accumulated wealth, or by virtue of an adequate income, to assist his children in acquiring a college education. On the other hand I think it is an abuse of discretion, illegal and morally wrong to require a parent possessed of an extremely limited income to defray the college expenses of his children.
In the case at bar it appears appellant’s take home pay is $75.00 per week, that since the divorce he has remarried, that in addition to the $40.00 per week support paid for the children appellant pays the life insurance premiums on the life insurance policies of the children in the sum of $5.21 per week. A simple mathematical computation of the financial *283.condition of the appellant herein reveals that after payment of weekly support and insurance payments he has the total sum of $29.79 left out of his $75.00 take home pay with which to support himself and the second wife and family.
In view of the financial circumstances delineated in the case at bar I am not impressed with the out of state cases cited in support of the majority opinion. The case of Haag v. Haag (1959), 240 Ind. 291, 163 N. E. 2d 243 was decided subsequent to the out of state cases cited in the majority opinion and is the law in Indiana.
The rule in the Haag, supra, case might be modified in view of the 1965 amendment of the statute but certainly not under the circumstances delineated in the case at bar.
The judgment of the trial court should be reversed and remanded with instructions to grant a new trial, or in the alternative to render judgment in favor of appellant to modify the decree.
Hunter, J., concurs.Note. — Reported in 241 N. E. 2d 50.