ILNews

Judges order more proceedings in property distribution after divorce

Back to TopCommentsE-mailPrintBookmark and Share

Citing inconsistencies and lack of information, the Indiana Court of Appeals ordered more proceedings to determine issues of spousal maintenance and distribution of the marital estate in a divorce case.

Frank and Karen Ozug agreed to binding arbitration regarding Karen Ozug’s petition for dissolution of marriage. Karen Ozug sought a deviation from the statutory presumption of an equal distribution of personal property because she had inherited nearly $195,000 from her family 10 years earlier. She tried to stash away this money, which had been in various joint accounts in both parties’ names, upon separation of the parties. She also sought spousal maintenance due to alleged health issues, but there was no credible evidence presented to support her allegations of these conditions.

Frank Ozug was ordered to pay spousal maintenance in the form of continuing health coverage for his ex-wife for one year from the date of the decree. He was ordered solely responsible for the $47,000 in credit card debt and awarded funds in several accounts and 50 percent of his pensions, except for his pension in place before marriage. Karen Ozug received funds from several other accounts as well as two of the three cars.

“We find the findings and conclusions in this case to be facially inconsistent and insufficient to support the property distribution in the present case,” Judge James Kirsch wrote in In Re the Marriage of: Frank J. Ozug v. Karen S. Ozug, 45A03-1307-DR-250. Under the spousal maintenance section, the findings say the arbitrator found no credible evidence to support Karen Ozug’s allegations, yet the health care coverage was awarded as a form of spousal maintenance. In addition, her request for a deviation of the presumptive equal division of personal property was denied without explanation, but a clarification by the arbitrator indicates the distribution of property resulted in 61 percent to Karen Ozug and 39 percent to Frank Ozug.

“We, therefore, vacate the trial court’s judgment and remand for proceedings to remedy these problems and determine the issues of spousal maintenance and distribution of the marital estate,” he wrote.
 

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT