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Judges order modification of dissolution decree

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The Indiana Court of Appeals found a trial court abused its discretion when it didn’t consider a $160,000 change in value of a property when calculating marital assets and distributing marital property.

In Patrick M. McGrath v. Linda S. McGrath, No. 46A03-1008-DR-429, Patrick McGrath challenged the LaPorte Superior Court’s use of a 2005 valuation of property he and his wife Linda purchased on Shawmut Avenue in Michigan City in 1994. When Linda filed for divorce in 2005, the Shawmut property was appraised at $389,000. In November 2009, it was appraised at $229,000.

The trial court stated at the final hearing on the petition for dissolution that it intended to divide the marital property equally. The court entered the decree using the 2005 appraisal amount when dividing the martial property. The court ordered Linda to transfer her interest in the real estate to Patrick.

Patrick filed a motion to correct error, claiming the court should have used the 2009 appraisal value and by not doing so, the court deviated from an equal division of marital assets and Linda would actually receive more than 62 percent of the marital pot.

A trial court may select any date between the filing of the petition for dissolution and the date of the final hearing for purposes of choosing a date upon which to value marital assets, Judge Elaine Brown wrote. She also noted that the trial court is required to divide the marital estate in a just and reasonable manner, with an equal division presumed to be just and reasonable.

The appellate judges found the $160,000 decline in the value of the property represented a significant departure from an equal division of the marital estate. The trial court’s division didn’t account for the decreased value during the pendency of the proceedings and ultimately rendered an unequal division of marital property, which was contrary to the court’s stated intent, wrote Judge Brown.

Judge Ezra Friedlander concurred in result in a separate opinion, stressing that his vote was based upon the internal inconsistency in the trial court’s division of property. He noted that the trial court has discretion to choose the valuation date and discretion to divide an estate evenly or not, depending on particular circumstances.

“It may not, however purport to achieve a current equal division by assigning a value to an asset that does not comport with current reality,” he wrote.

The Court of Appeals remanded with instructions to enter a modified decree of dissolution or an amendment to the decree reflecting an equal property division of the martial estate considering the change in value of the Shawmut property.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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