Brenda Alexander v. Donald Alexander
2012 Ind. App. LEXIS 621
| Ind. Ct. App. | 2012Background
- Married Brenda Alexander and Donald Alexander in 1996; two children born of marriage.
- Wife sought spousal incapacity or rehabilitative maintenance in dissolution petition filed 2009.
- Evidence included Wife's 1987 injury, ongoing disability payments, and vocational expert's opinion of impaired self-support.
- Trial court held a dissolution decree in 2011 without awarding incapacity or rehabilitative maintenance.
- Wife moved to correct error asserting findings existed but maintenance was omitted; court clarified denial.
- Appellate review affirmed the denial of incapacity maintenance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Incapacity maintenance supported by special findings? | Alexander contends findings support maintenance. | Alexander contends no explicit finding; denial proper. | Denial not clearly erroneous. |
| Are special findings required when maintenance is denied? | Alexander cites Cannon requiring findings. | Alexander argues no statutory requirement for findings on denial. | No statutory requirement for special findings when denial. |
| Standard of review for the denial of maintenance? | Alexander argues deference to trial court’s discretion. | Alexander emphasizes de novo review of legal standards. | Appellate review for clear error under discretionary standard. |
Key Cases Cited
- Cannon v. Cannon, 758 N.E.2d 524 (Ind. 2001) (special findings required to support maintenance; strict construction applied)
- Matzat v. Matzat, 854 N.E.2d 918 (Ind. Ct. App. 2006) (strict interpretation of incapacity maintenance statute)
- Parks v. Delaware Cnty. Dep’t of Child Servs., 862 N.E.2d 1275 (Ind. Ct. App. 2007) (finding must be adopted by trier of fact; not mere evidence recitation)
- Wilder-Newland v. Kessinger, 967 N.E.2d 558 (Ind. Ct. App. 2012) (clear-error standard for negative judgments; weight of evidence)
- Voigt v. Voigt, 670 N.E.2d 1271 (Ind. 1996) (legislative limits on maintenance awards; three narrow categories)
- DeHaan v. DeHaan, 572 N.E.2d 1315 (Ind. Ct. App. 1991) (judgment contrary to law if inconsistent with findings)