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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. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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