Coster v. Coster

452 N.E.2d 397, 1983 Ind. App. LEXIS 3218
Indiana Court of Appeals·Decided August 9, 1983·No. 1-1082A293·Published·Cited by 43 cases

Opinions

NEAL, Judge.

STATEMENT OF THE CASE

Respondent-appellant Sharon Coster (Wife) appeals from a decree of the Monroe Superior Court dissolving her marriage to petitioner-appellee Benny W. Coster (Husband) and ordering child support for their minor child. The issues presented for review concern pretrial discovery, disposition of the marital assets, and the order of child support.

We affirm.

STATEMENT OF THE FACTS

The parties were married on October 10, 1954. Husband filed his petition for Dissolution of Marriage on September 21, 1977. The Decree of Dissolution was entered on August 2, 1982, following the trial, which had been continued eight times and which was finally held on June 8 and 9, 1982, following three pretrial hearings on discovery issues.

Three children were born of the marriage. At the time of the final hearing, the only remaining minor had just completed his first year as an undergraduate student at Indiana University. During the marriage, Husband was employed as an agent of State Farm Insurance Company. Wife did not work outside of the home; however, she did aid Husband in conducting the social activities of his insurance agency.

The entire marital estate was acquired by the parties during the marriage, neither party receiving significant assets by gift or inheritance. Husband exercised sole control over the parties' finances during the marriage. Pending final dissolution of the marriage, much controversy arose over the value of the marital assets. This led to the prolongment of pretrial discovery on this issue, which discovery was terminated by the trial court's order of March 11, 1982.

In its formal Decree of Dissolution, the trial court awarded Wife the residence and its contents, free of the mortgage obligation; two automobiles; attorney's fees; stock; and an amount of cash to be paid, in part, by installments. In addition, Wife retained custody of the minor child while Husband was ordered to pay all insurance, college and living expenses incurred by the son, so long as he remained a full-time college student. Husband was awarded the business property and equipment, Florida real estate, assorted personal property, and his Individual Retirement Account.

ISSUES

Wife presents three issues for review:

I. Whether the trial court abused its discretion by terminating discovery four and one half years after the Petition for Dissolution was filed;
II. Whether the trial court erred in ordering the disposition of the marital assets without disclosing the bases on which the award rested, and in failing to make specific findings of fact and conclusions of law; and
Whether the trial court's disposition of the marital assets amounted to an abuse of discretion. III.

DISCUSSION AND DECISION

Issue I. Termination of discovery

Wife alleges the trial court erred in ordering all discovery terminated on March 11, 1982. An examination of the record reveals that Wife initiated discovery on November 9, 1977, less than two months after Husband petitioned for dissolution of the marriage. In response to her requests, information was provided by Husband over the next four years. Husband answered each set of interrogatories propounded by Wife; he provided a financial statement compiled by a certified public accountant, and nearly 150 envelopes containing detailed explanations of his periodic employment compensation. He met with Wife's attorney at his office to go over the agen[400] cy's finances, and testified at the pretrial discovery hearings and the trial.

Husband's employer, State Farm Insurance, yielded data showing Husband's past and present earnings through his employment as an agent of State Farm. This information was to be used in determining the future value of the agency to Husband. Although his employment contract stipulated, and the Vice President of State Farm testified, that Husband had no saleable or vested interest in the agency and that the agency should be valued at zero on a financial statement, Wife persisted in her requests for further information. This perseverance grew out of her belief that the future value of the agency was a factor to be considered in the division of the marital property.

Three pretrial hearings were conducted on the discovery of Husband's compensation from, and interest in, his State Farm Insurance agency. At each hearing the trial court attempted to ascertain which data not already provided Wife and her financial expert was necessary to their accurate valuation. Husband and State Farm's Vice President testified repeatedly that Husband's only profit from the agency, present or anticipated, derived from a percentage commission of the actual premiums paid by insureds to the company. Each hearing culminated in a debate; Husband and State Farm stating that Wife possessed all information relevant to a valuation of Husband's expected profits through the agency, Wife's financial expert insisting he needed more specific policy information to determine Husband's future interest in the agency.

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Coster v. Coster, 452 N.E.2d 397, 1983 Ind. App. LEXIS 3218 (Ind. Ct. App. 1983).

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