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COA: Wife is entitled to maintenance, larger amount of marital estate

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The Indiana Court of Appeals has ordered a trial court to divvy up a marital estate with more than 50 percent of it going to the wife because she rebutted the presumption of an equal division.

Daylene Coleman appealed the order dissolving her marriage to Scott Atchison, arguing the court abused its discretion when it denied her request for incapacity maintenance and in its division of the marital estate.

Coleman and Atchison were married for 10 years when Coleman filed for divorce in 2011. During the course of their marriage, she became disabled, stopped working, and began receiving Social Security disability payments. Atchison has worked throughout the marriage and has children from a previous relationship.

The trial court found that the presumption of an equal division of assets and liabilities between the parties has been rebutted based on evidence presented by Coleman. Wells Circuit Judge Kenton W. Kiracofe held that a division of property in favor of Coleman is warranted, but then ordered the marital property split 50/50.

The parties also stipulated that Coleman is incapacitated to the extent that her ability to support herself is materially affected, but Kiracofe declined to award her incapacity maintenance.

The Court of Appeals reversed the dissolution order in Daylene M. (Atchison) Coleman v. Scott A. Atchison, 90A02-1311-DR-921. The judges noted Kiracofe’s findings and conclusions on the maintenance award are inconsistent. He made findings based on Temple v. Temple, 164 Ind. App. 215, 328 N.E.2d 227 (1975), to explain why he did not award maintenance. But he also found that there are no extenuating circumstances “that directly relate to the criteria for awarding incapacity maintenance” and that Atchison should pay Coleman maintenance, quoting Cannon v. Cannon, 758 N.e.2d 524 (Ind. 2001), without citation.

Kiracofe also expressly found Coleman rebutted the presumption of an equal division, but then divided the martial estate in half. The appeals court ordered on remand for the lower court to award her more than 50 percent of the marital estate and to either award Coleman incapacity maintenance or identify specific extenuating circumstances directly related to the statutory criteria for awarding such maintenance that would justify denying the award.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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