Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

02/18/88 WILLIAM V. ARTHUR v. JOANNE M. ARTHUR

Filed: February 18, 1988.

WILLIAM V. ARTHUR, APPELLANT (RESPONDENT),
v.
JOANNE M. ARTHUR, APPELLEE (PETITIONER).



Appeal from the Marion Superior Court, Civil Division, Room No. 1, The Honorable Anthony J. Metz, Judge, Cause No. S184-1318

Buchanan, J., Sullivan, J. Concurring With Separate Opinion. Ratliff, C.j. Dissenting With Separate Opinion.

Author: Buchanan

BUCHANAN, J.

CASE SUMMARY

Appellant-respondent William V. Arthur (William) appeals the trial court's judgment awarding forty percent of his military pension to his wife, appellee-petitioner Joanne M. Arthur (Joanne), as part of the property distribution in the dissolution of their marriage, claiming Ind. Code 31-1-11.5-2(d) (Supp. 1987) (effective September 1, 1985) should not have been applied retroactively.

We reverse.

FACTS

The facts are undisputed. William and Joanne were married on April 30, 1955. On July 31, 1975, William retired from the United States Army with fully vested rights for military retirement pay. In 1984, William petitioned for dissolution of the marriage. The marriage was dissolved in 1985 and matters pertaining to custody, child support, maintenance, and property Disposition were finally determined in 1986 by the trial court. Joanne was awarded forty percent of William's military retirement pay.

ISSUE

William presents one issue for review:

Did the trial court err in retroactively applying IC 31-1-11.5-2(d) by awarding forty percent of William's military retirement pay to Joanne?

DECISION

PARTIES' CONTENTIONS -- William contends the trial court erred in its retroactive application of IC 31-1-11.5-2(d)(3) which he alleges expands the definition of property to include the right to receive military retirement benefits acquired during the marriage that are or may be payable after the dissolution of the marriage.

Joanne responds that the trial court properly applied IC 31-1-11.5-2(d)(3) because the application of the statute was necessary to carry out the purpose and intent of the law ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.