Blazek v. Blazek

631 N.E.2d 518, 1994 Ind. App. LEXIS 320, 1994 WL 97420
CourtIndiana Court of Appeals
DecidedMarch 29, 1994
Docket49A04-9308-CV-280
StatusPublished
Cited by6 cases

This text of 631 N.E.2d 518 (Blazek v. Blazek) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blazek v. Blazek, 631 N.E.2d 518, 1994 Ind. App. LEXIS 320, 1994 WL 97420 (Ind. Ct. App. 1994).

Opinion

RILEY, Judge.

STATEMENT OF THE CASE

This is an appeal from a decree of dissolution that ordered the Respondent-Appellant Larry Allen Blazek (Larry) to pay $700 per month to the Petitioner-Appellee Mary Jo Blazek (Mary Jo) as rehabilitative maintenance for a period of three years.

We affirm.

ISSUE

Whether the trial court erred in its interpretation of IND.CODE 81-1-11.5-11(e)(8) by awarding wife rehabilitative maintenance.

FACTS

Larry and Mary Jo Blazek were married on June 12, 1960. This marriage followed a four year engagement beginning in 1956 when Mary Jo graduated from high school. During that four year period, Mary Jo worked and attended night school where she had taken a typing and shorthand class. Larry attended college and received a Bachelor of Science Degree from Concordia Lutheran College. During the marriage the couple had four children. After starting their family, Mary Jo was primarily a full-time homemaker and mother, although she supplemented the family income by working part-time as a receptionist in a doctor's office. The four children are now all emancipated with the youngest child moving out the year before the dissolution was granted. Mary Jo has subsequently worked full-time as a receptionist in a doctor's office for twelve years and earns approximately $18,-900 a year.

*520 During the marriage Larry obtained a master's degree and also has done work toward his doctorate degree. Larry has been employed as a science teacher for the last thirty-three years, and his earnings are approximately $53,000 a year, as a teacher and coach.

The decree granting the dissolution of marriage was entered on April 18, 1993, and the findings of fact held that because there is a disparity in the earnings and earning potential of the parties, an equal division of the marital estate would not be reasonable. Mary Jo received assets valued at $45,918.18, while Larry received assets valued at $36,-305.57. Larry was also responsible for approximately $7,300 in marital debt. In addition, Larry was ordered to pay the sum of $700 per month as rehabilitative maintenance for a period of three years beginning May 1, 1998.

STANDARDS OF REVIEW

Trial courts are vested with broad discretion in the area of denying or granting rehabilitative maintenance. An abuse of discretion occurs only if the trial court's decision is clearly against the logic and effect of the facts and circumstances before the court, or the reasonable, probable, and actual deductions which may be drawn from the facts and circumstances. Dahnke v. Dahnke (1989), Ind.App., 535 N.E.2d 172, 174, reh'g denied. Discretion is a privilege afforded a trial court to act in accord with what is fair and equitable in each case. In re Marriage of Dillman (1985), Ind.App., 478 N.E.2d 86, 87. We will reverse only for abuse of that discretion.

In the case before us, there was no request for special findings. The court did enter findings with the judgment sua sponte. When a trial court makes specific findings on its own motion, the general judgment will control as to the issues upon which the court has not found and the specific findings control only as to the issues they cover. In re Marriage of Snemis (1991), Ind.App., 575 N.E.2d 650, 652 (citing United Farm Bureau Mut. Ins. Co. v. Blanton (1983), Ind.App., 457 N.E.2d 609). We may not reverse the trial court's findings in such cireumstances unless they are clearly erroneous. Ind.Trial Rule 52(A).

DISCUSSION AND DECISION

The facts reveal that the parties were married for over thirty-two years. Larry worked as a teacher and coach while Mary Jo stayed home with the children, worked part-time as a receptionist and took care of the household. Larry did not encourage her to work and, in fact, did not "agree" that Mary Jo should be employed. (R. 111). Larry also was able to further his education during the marriage by obtaining his master's degree and hours toward his doctorate degree. Mary Jo has achieved her highest level of employment with her limited skills and work experience.

Our legislature intended an educationally-impaired spouse should be made as whole as possible within I.C. 31-1-11.5-11 1 because "as to the individual, justice and equity require no less." Dahnke, 535 N.E.2d *521 at 175. In sum, justice is served when that statute is applied and enforced by trial courts in appropriate cases. Id.

At issue here is the trial court's interpretation of I.C. 81-1-11.5-11(e)(3), where the court stated in its Findings of Fact and Decree of Dissolution as follows:

16. That there is a disparity in the earnings and earning ability of the parties and the husband shall pay to the wife the sum of $700 per month as rehabilitated [sic] maintenance for three years beginning May 1, 1998.

Larry argues that the trial court abused its discretion by misinterpreting "earning capacity" in 1.C. 81-I-11.5-11{(e)@8)(C). He argues that "earning capacity" as used in the statute and "disparity of earnings" as used in the Findings of Fact and Dissolution Decree, are separate and distinct factual conclusions under Indiana law. We disagree.

In the findings, the trial court talks about disparity in the earnings and earning ability of the parties which is based upon the language of the statute. This language is sufficient to support the trial court's award of rehabilitative maintenance because the statute does not say that the trial court must look only to one factor, but it requires the trial court to look at each of the four enumerated factors. I.C. 31-1-11.5-11(c)(8) is written in the conjunctive. Therefore, no one factor precludes or requires the exercise of the trial court's discretion in a predetermined manner. Judge Shields, in a separate opinion, in Dahnke, 535 N.E.2d at 177, found that the interruption of the wife's education was within the function of the trial court to weigh the evidence and judge the credibility of the witnesses and that this court will not disturb that finding.

It is clear that the trial court did not abuse its discretion by considering the educational background, training, employment skills, work experience, and length of presence or absence in the job market of the parties as well as the other factors provided by law. The facts reveal that Mary Jo had an interruption in her training or employment during her marriage as a result of her homemaking and child care responsibilities, limited skills and education, and lower earning capacity. The record is silent as to Mary Jo's educational opportunities in 1960 before her children were born and the couple's financial ability to send her to college.

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Bluebook (online)
631 N.E.2d 518, 1994 Ind. App. LEXIS 320, 1994 WL 97420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blazek-v-blazek-indctapp-1994.