In Re the Marriage of Davidson

540 N.E.2d 641, 1989 Ind. App. LEXIS 513, 1989 WL 73530
CourtIndiana Court of Appeals
DecidedJuly 6, 1989
Docket15A01-8807-CV-210
StatusPublished
Cited by79 cases

This text of 540 N.E.2d 641 (In Re the Marriage of Davidson) 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
In Re the Marriage of Davidson, 540 N.E.2d 641, 1989 Ind. App. LEXIS 513, 1989 WL 73530 (Ind. Ct. App. 1989).

Opinions

BAKER, Judge.

STATEMENT OF THE CASE

Respondent-appellant, Carol Ann Davidson (Carol), appeals the provisions of a Dearborn Cireuit Court decree of dissolution dissolving her marriage to petitioner appellee, Robert Alden Davidson (Robert), relating to the division of marital property and the determination of child support and visitation.

We affirm in part, reverse in part, and remand.

STATEMENT OF THE FACTS

Robert and Carol were married on July 28, 1966. The marriage produced one child, a daughter, Kim, nine years old at the time of the dissolution. Robert and Carol permanently separated in June of 1987, and [644]*644Robert filed a petition for dissolution on September 30, 1987. A final hearing on the petition was conducted on March 2 and 3, 1988, following which the trial court took the matter under advisement. On March 25, 1988, the trial court entered an order dissolving the marriage and dividing the property of the parties as follows:

CAROL
Home (Fair Market $87,000 Value-$152,000)
1980 Datsun 600
1975 Grenada 600
Savings Accounts (5) 30,422
Checking Account 5,000
Money Market Accounts (2) 9,600
IRA 1,568
Union Central Account 1,574
Certificate of Deposit 14,454
NET DISTRIBUTION $150,818
ROBERT
Home $65,000
Other Real Estate 7,500
1986 Bronco 10,500
Farm Equipment 4,000
Teacher's Retirement Account 9,866
Checking Account 5,297
IRA 1,568
IRA 18,485
Life Insurance Policy 3,115
KEOGH Plan 283,524
Certificate of Deposit 11,786
Other Personal Prop. 11,206
NET DISTRIBUTION $166,7971

The trial court ordered the marital residence to be sold within one year with the proceeds of the sale to be applied to satisfy Robert's interest in it. In the interim, Carol was permitted to continue to use the residence until such sale without paying rent. Similarly, the undistributed household furniture and furnishings with an estimated value of $12,700 were ordered to be sold within six months and the proceeds from such to be divided equally between Robert and Carol. Additionally, the trial court awarded custody of Kim to Carol, subject to Robert's reasonable visitation, and Robert was ordered to pay $90 per week in child support. The trial court also ordered Robert to pay all. medical, dental, and hospitalization expenses incurred by Kim and covered by his insurance and to maintain hospitalization insurance on Carol. Finally, the trial court ordered a savings account in the sum of $2,000 and a life insurance annuity in the amount of $24,000 to be placed in the joint names of Robert, Carol, and Kim to be utilized solely for Kim's college education. Carol subsequently instituted this appeal.

ISSUES

On appeal Carol claims the trial court erred in:

I. Determining the division of the marital assets.
II. Awarding to Robert the right to claim the tax exemption for Kim on his income tax return.
III. Determining the amount of Robert's child support obligation.
IV. Determining the time period of Robert's visitation.
V. Failing to award Carol the full amount of attorney fees she requested.
VI. Failing to require Robert to take Kim to catechism classes and Sunday religious services.

[645]*645ISSUE I: Property Division.

Carol asserts the trial court erred in determining the division of the marital assets. The division of marital assets is governed by IND.CODE 31-1-11.5-il(c) which provides as follows:

(c) The court shall presume that an equal division of the marital property between the parties is just and reasonable. However, this presumption may be rebutted by a party who presents relevant evidence, including evidence concerning the following factors, that the equal division would not be just and reasonable:
(1) The contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing.
(2) The extent to which the property was acquired by each spouse prior to the marriage or through inheritance or gift. C
(3) The economic circumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in that residence for such periods as the court may deem just to the spouse having custody of any children.
(4) The conduct of the parties during the marriage as related to the disposition or dissipation of their property.
(5) The earnings or earning ability of the parties as related to a final division of property and final determination of the property rights of the parties.

Traditionally, the division of marital assets has been a matter within the sound discretion of the trial court. Schnarr v. Schnarr (1986), Ind.App., 491 N.E.2d 561. However, this has recently been modified by statute as set forth above. Euler v. Euler (1989), Ind.App., 537 N.E.2d 554. We may not reweigh the evidence or assess the credibility of witnesses; we consider only the evidence most favorable to the trial court's disposition. Olds v. Olds (1988), Ind.App., 531 N.E.2d 1219. Reversal is merited only where the trial court's decision is clearly against the logic and effect of the facts and circumstances before the trial court. Chestnut v. Chestnut (1986), Ind.App., 499 N.E.2d 783.

Carol argues that the trial court deviated from a fifty-fifty split, and that such was not supported by the statutory factors. Specifically, she contends the trial court did not consider her contributions as a homemaker, her inability to earn a wage, and her poor state of health. In support of her claim, Carol directs us to various evidence which reveals that the parties had been married for 22 years. She had contributed to the acquisition of all marital assets as a teacher and real estate broker prior to the birth of their daughter but had not worked for the past nine years. She was currently unemployed and needed to renew her teaching and real estate license in order to become employed. Moreover, Carol claims she suffered significant health problems which greatly diminished her ability to work full-time in any capacity or obtain health insurance.

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Bluebook (online)
540 N.E.2d 641, 1989 Ind. App. LEXIS 513, 1989 WL 73530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-davidson-indctapp-1989.