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COA reverses decree award of military benefits

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The Indiana Court of Appeals reversed a portion of a divorce decree awarding some of the husband's military benefits and housing allowance to his wife because the separation agreement excluded granting the wife any rights to them.
 
In Timothy D. Wolshire v. Sharon M. Wolshire, No. 16A05-0812-CV-722, Timothy Wolshire appealed the divorce decree which added language to the provision of the parties' separation agreement governing the division of proceeds from the sale of the marital home; awarded Sharon a portion of his military benefits; and gave her a portion of Timothy's military housing allowance he received after the two separated.

The Wolshires filed for legal separation in September 2005; Sharon had an attorney and Timothy appeared pro se. They entered into a separation agreement awarding the marital home to Sharon and the amount Timothy would get if she sold the home. Under "Other Property," the provision stated except for anything otherwise specifically provided for in the separation agreement, Sharon or Timothy would retain separate and exclusive property of anything they already owned or arising out of the marital relationship.

After they separated, but before they officially divorced, Timothy began serving full time in the National Guard and received a basic allowance for housing in March 2006. In September 2007, he began sending the allowance to Sharon based on the advice of a military attorney. But because of the separation agreement, he wasn't legally required to send it.

In September 2008, the trial court issued its decree of dissolution and stuck to the separation agreement except it added language regarding the sale of the marital home that made Timothy responsible for repair and replacement of existing structures upon sale of the home. The trial court also awarded Sharon four months of housing allowance for a total of $5,648 and determined she'd be eligible for a portion of Timothy's military retirement benefits.

The Court of Appeals reversed the disputed portions of the divorce decree because the trial court should have followed the language in the separation agreement instead of adding in new language regarding the marital home or benefits.

When the parties entered into the agreement, there was no mention of Timothy's military benefits. Sharon testified that the benefits just didn't come up when they were putting together the agreement, but a mere oversight doesn't allow the trial court to grant her the benefits when the separation agreement doesn't specify, wrote Judge Patricia Riley.

In regards to Timothy's basic allowance for housing, those payments fall under the "Other Property" provision of the separation agreement and should remain only his property. Sharon's argument that the trial court should have dealt with the allowance because the agreement doesn't mention them is problematic because it would render the "Other Property" provision meaningless, the judge wrote. Because the allowance and benefits weren't specifically mentioned in the separation agreement, and because they were issued to Timothy, the trial court erred in awarding a portion of them to Sharon.

The parties lost any right they might have in later-acquired property when they entered into the separation agreement, and that's a risk Sharon took by signing the agreement, wrote Judge Riley. The case is remanded with instructions to amend the dissolution decree in accordance with the opinion.

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  1. 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.

  2. 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.

  3. 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.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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