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. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues