ILNews

Judges find no error in division of marital assets

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals upheld the equal division of marital assets of a divorcing LaPorte County couple but found the trial court erred in its calculation of how much the ex-husband owes in child support.

Gwen Morgal-Henrich and David Henrich married in 2000 and divorced in 2011. When they married, Henrich adopted Morgal-Henrich’s minor son. They paid $105,000 as down payment on a $230,000 home, with that money coming from the sale of Morgal-Henrich’s home and money from her father. She also had life insurance polices that predated their marriage.

When they divorced, both were out of work and had filed for bankruptcy in 2007. The trial court didn’t deviate from the presumptive equal division of marital assets dividing the couple’s property. The trial court ordered Henrich to pay $6,240 in child support for their son, who was emancipated as of the date of the final hearing in 2011. The judge calculated that Henrich’s weekly gross income was $390 based on his unemployment benefits and that he could pay $65 a week in child support from the date of the filing to the date of the final hearing.

Morgal-Henrich appealed, claiming she brought significant assts into the marriage, which should have created an unequal division in her favor. The judges cited Fobar v. Vonderahe, 771 N.E.2d 57, 59 (Ind. 2002), in upholding the lower court on this issue. The trial court was not required to alter its equal division of the marital property to reflect Morgal-Henrich’s premarital assets, wrote Judge Michael Barnes in Gwen E. Morgal-Henrich v. David Brian Henrich, 46A05-1111-DR-645.

Regarding the child support order, however, the appellate court reversed and ordered a recalculation. The trial court should look at the weekly earnings of Henrich for the applicable time period of August 2009 to June 2011 and use an income averaging calculation to determine his weekly gross income due to his fluctuating income. Henrich does seasonal work and his income varied during the marriage depending on the availability of work.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

ADVERTISEMENT