Marie A. Daily v. Gerald E. Daily

Marie A. Daily appeals the trial court's order finding Rebecca M. Daily, daughter of Marie Daily and Gerald E. Daily, emancipated as of January 1, 1994, and not October 1, 1994; denying Marie Daily's motion to modify maintenance; and ordering her to pay Mr. Daily the sum of $900.00 as attorney fees. Ms. Daily claims the trial court erred in declaring that (1) Rebecca's failure to continue her enrollment in a post secondary school terminated Mr. Daily's obligation to continue child support payments; (2) the separation agreement precluded amending the $1.00 per year maintenance award absent Ms. Daily becoming blind due to diabetic retinagraphy; and (3) in awarding Mr. Daily attorney fees because he neither pleaded nor proved attorney fees. The trial court's order is affirmed in part, reversed in part, and the case is remanded with directions.