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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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