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Husband’s settlement proceeds should be included in marital pot

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The Indiana Court of Appeals upheld the decision of the Monroe Circuit Court to include a husband’s settlement proceeds from an action against his former employer as a marital asset when he and his wife divorced.

Paul Edwards sued his former employer alleging damages to his career for the non-renewal of his contract in 2006; in July 2010, his wife Zobeida E. Bonilla-Vega filed for divorce. In October 2010, Edwards’ lawsuit against his former employer settled.

In November 2011, when the trial court entered the decree dissolving the marriage, the judge included the settlement proceeds in the marital pot. Edwards doesn’t believe those proceeds should be included, but the trial court denied his motion to correct error.

The action against Edwards’ former employer is a chose in action. Edwards argued that the proceeds aren’t subject to distribution in the marital estate because the exact amount of damages weren’t known at the time Bonilla-Vega filed for divorce. She argued that the proceeds should be included because the chose in action was a property right that existed before she filed for divorce.

The trial court agreed with the ex-wife in Paul D. Edwards v. Zobeida E. Bonilla-Vega, 53A05-1203-DR-163.

“The fact remains a chose in action is a property right that comes into existence when the tort occurs,” Judge Melissa May wrote. “Pursuant to statute, a property right acquired during the marriage is subject to division as part of the dissolution. Here, there is no dispute that Husband’s chose in action against his employer came into existence in 2006, which was during the marriage. Thus, Husband’s chose in action was marital property that the court did not have discretion to exclude from the marital estate.”

 

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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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