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Judges affirm ex-wife’s cut of lottery winnings

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The Indiana Court of Appeals rejected a woman’s contention that she should be entitled to more than 2.5 percent of her ex-husband’s lottery winnings based on his admission that 70 percent distribution would be “fair and equitable.”

Jose De Jesus Carrillo Perez and Maria Guadalupe Carrillo Perez married in 2002 and began living apart in 2006, but the couple did not file for legal separation or dissolution. Jose Carrillo Perez won $2 million on a lottery scratch-off ticket in January 2011; he filed for divorce in March 2011.

The court dissolved the marriage in June 2012 and ordered Jose Carrillo Perez to pay Maria Carrillo Perez $50,000 from his lottery winnings, as well as part of her attorney fees and debt.

In In re the Marriage of: Jose de Jesus Carrillo Perez and Maria Guadalupe Carrillo Perez, Maria Guadalupe Vidrios Zepeda f/k/a Maria Guadalupe Carrillo Perez v. Jose de Jesus Carrillo Perez, 02A05-1305-DR-256, Maria Carrillo Perez claimed that her ex-husband’s admission that a distribution to her of 70 percent of the lottery winnings is “a fair and equitable distribution” conclusively establishes the marital estate must be so divided. The judges rejected her claim, pointing out that requests for admissions can establish legal conclusions, but the court was not obligated to find that a 70/30 split was the only fair and equitable division.

“Here, the broad discretion of the trial court must include the ability to consider a range of just and reasonable divisions even though a request for admission establishes one division is fair and equitable. Therefore, the trial court committed no reversible error when it declined to divide the lottery winnings in the manner Jose admitted would be ‘a fair and equitable distribution,’” Judge Melissa May wrote.

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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