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Judges affirm ex-wife’s cut of lottery winnings

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The Indiana Court of Appeals rejected a woman’s contention that she should be entitled to more than 2.5 percent of her ex-husband’s lottery winnings based on his admission that 70 percent distribution would be “fair and equitable.”

Jose De Jesus Carrillo Perez and Maria Guadalupe Carrillo Perez married in 2002 and began living apart in 2006, but the couple did not file for legal separation or dissolution. Jose Carrillo Perez won $2 million on a lottery scratch-off ticket in January 2011; he filed for divorce in March 2011.

The court dissolved the marriage in June 2012 and ordered Jose Carrillo Perez to pay Maria Carrillo Perez $50,000 from his lottery winnings, as well as part of her attorney fees and debt.

In In re the Marriage of: Jose de Jesus Carrillo Perez and Maria Guadalupe Carrillo Perez, Maria Guadalupe Vidrios Zepeda f/k/a Maria Guadalupe Carrillo Perez v. Jose de Jesus Carrillo Perez, 02A05-1305-DR-256, Maria Carrillo Perez claimed that her ex-husband’s admission that a distribution to her of 70 percent of the lottery winnings is “a fair and equitable distribution” conclusively establishes the marital estate must be so divided. The judges rejected her claim, pointing out that requests for admissions can establish legal conclusions, but the court was not obligated to find that a 70/30 split was the only fair and equitable division.

“Here, the broad discretion of the trial court must include the ability to consider a range of just and reasonable divisions even though a request for admission establishes one division is fair and equitable. Therefore, the trial court committed no reversible error when it declined to divide the lottery winnings in the manner Jose admitted would be ‘a fair and equitable distribution,’” Judge Melissa May wrote.

 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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