Miller v. Miller

763 N.E.2d 1009, 2002 Ind. App. LEXIS 229, 2002 WL 243556
CourtIndiana Court of Appeals
DecidedFebruary 21, 2002
Docket34A05-0106-CV-282
StatusPublished
Cited by6 cases

This text of 763 N.E.2d 1009 (Miller v. Miller) 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
Miller v. Miller, 763 N.E.2d 1009, 2002 Ind. App. LEXIS 229, 2002 WL 243556 (Ind. Ct. App. 2002).

Opinions

OPINION

KIRSCH, Judge.

Sue Ellen Miller ("Wife") appeals the trial court's property disposition order arising from the dissolution of her marriage to Michael "Andy" Miller ("Husband"). She presents two issues for review, which we restate as:

I. Whether the trial court abused its discretion in its valuation of the marital residence by failing to consider that Wife brought this asset into the marriage.
Whether the trial court abused its discretion by determining that a child support judgment was an asset of the marriage and awarding the judgment to the Wife in dividing the marital property.

We reverse and remand.

FACTS AND PROCEDURAL HISTORY

The parties married on December 28, 1993. Husband filed his Dissolution Petition on April 5, 2000. There were no children born of the marriage; however, on May 27, 1997, Husband adopted Wife's teenage son by a prior relationship. Despite a court order to pay child support, the child's biological father had failed to pay, and on January 5, 1998, the Howard Circuit Court granted Wife's Petition to Reduce Back Support to Judgment. The child support arrearage judgment entered in Wife's favor was for $17,675.00, plus interest.

At the time of their marriage, Wife owned a home that she purchased in 1988 for $40,000.00 with a $10,000.00 down payment from a loan from her mother. Both parties were substantially employed during the course of the marriage. Husband was employed with Chrysler Corporation and also received income from the military reserve and from a VA disability. Prior to the marriage, Husband had contributed to a deferred pay account through Chrysler for a pre-marital value of $6,287.56. At the time of the dissolution, the account was valued at over $68,000.00.

[1011]*1011In the property disposition order, the trial court awarded Wife the child support arrearage judgment, and Husband the deferred pay account. In its order, the court determined that its division of the marital assets resulted in an approximate division ratio of 45% to 55% in favor of Husband. However, the court noted that "because not all property was appraised; the debt of [Wife] to her mother will likely not be repaid; and the fact that the value of the non-itemized personal property awarded to [Wife] is of much greater value than that awarded to [Husband], the Court finds the division equitable." Appellant's Appendix at 27-28. Wife now appeals.

DISCUSSION AND DECISION

Our standard of review in dissolution cases is deferential; we may not reweigh the evidence or assess the eredi-bility of witnesses. Quillen v. Quillen, 671 N.E.2d 98, 102 (Ind.1996); Euler v. Euler, 537 N.E.2d 554, 556 (Ind.Ct.App.1989). We consider only the evidence most favorable to the trial court's disposition of marital property. Fields v. Fields, 625 N.E.2d 1266, 1267 (Ind.Ct.App.1993), trans. denied (1994).

A trial court must divide the property of the parties in a just and reasonable manner and that includes property owned by either spouse prior to the marriage, acquired by either spouse after the marriage and prior to final separation of the parties, or acquired by their joint efforts. IC 31-15-7-4. An equal division of marital property is presumed to be just and reasonable. IC 31-15-7-5. This presumption however may be rebutted by a party who presents relevant evidence, including evidence of the following factors:

(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:
(A) before the marriage; or
(B) through inheritance or gift.
(8) The economic cireumstances 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 the family residence for such periods as the court considers 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) a final division of property; and
(B) final determination of the property rights of the parties.

Id.; In re Marriage of Coyle, 671 N.E.2d 938, 941-42 (Ind.Ct.App.1996). The party challenging the trial court's property division must overcome a strong presumption that the court considered and complied with the applicable statute. Id. at 942 (citing Hodowal v. Hodowal, 627 N.E.2d 869, 871 (Ind.Ct.App.1994), trans. denied ). This presumption is one of the strongest presumptions applicable to our consideration on appeal. Id. (citing In re Marriage of Stetler, 657 N.E.2d 395, 398 (Ind.Ct.App.1995), trans. denied (1996)).

Subject to the presumption that an equal division of assets is just and reasonable, the trial court has broad discretion in valuing and dividing marital property. Quillen, 671 N.E.2d at 102; Simpson v. Simpson, 650 N.E.2d 333, 335 (Ind.Ct.App.1995). The trial court's determination will only be set aside for abuse of discretion. Quillen, 671 N.E.2d at 102. An abuse of discretion does not occur if there is sufficient evidence to support the trial court's decision but rather only if the [1012]*1012decision is clearly against the logic and effect of the facts and cireumstances before the court. Id.

When marital property is divided, both assets and liabilities must be considered. Dusenberry v. Dusenberry, 625 N.E.2d 458, 461 (Ind.Ct.App.1993). Because it will likely upset the division of property equation, the adjustment of one asset or liability may require the adjustment of another to avoid an inequitable result or may require the reconsideration of the entire division of property. Id.

I. Valuation of Marital Residence

Wife first claims that the trial court abused its discretion in its valuation of the home as a marital asset and by failing to properly consider that Wife had acquired the home prior to the marriage. She further maintains that the court failed to adequately explain or support its deviation from the presumptive equitable division.

We first note that the burden of producing evidence as to the extent and value of the marital assets rests upon the parties to the dissolution proceeding. In re Marriage of Coyle, 671 N.E.2d at 945 (citing Neffle v. Neffle, 483 N.E.2d 767, 77O (Ind.Ct.App.1985), trans. denied (1986)).

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Bluebook (online)
763 N.E.2d 1009, 2002 Ind. App. LEXIS 229, 2002 WL 243556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-miller-indctapp-2002.