Gwen E. Morgal-Henrich v. David Brian Henrich, 2012 Ind. App. LEXIS 302

Gwen Morgal-Henrich (Wife) and David Henrich (Husband) married on March 26, 2000; dissolution filed August 2009.
Marital residence purchased February 2000 for $230,000 with a $105,000 down payment; equity eroded by nearly $198,000 mortgages at final hearing.
Husband works seasonal in an operating engineers union; income fluctuates; Wife has nutrition degree and variable income; both unemployed at final hearing; bankruptcy filed in 2007.
Husband adopted Wife’s child D.H. in 2001; D.H. emancipated by the final hearing date (June 7, 2011).
Trial court valued total marital assets at $153,485.57 and distributed assets largely to Husband, with Wife receiving portions of pension, insurance, and investments; American Express judgment split equally.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the property division was just and reasonable	Wife argues premarital assets and contributions warrant unequal division.	Husband's assets and earnings plus overall balance support equal division.	Equal division upheld; no abuse of discretion.
Whether Husband's weekly gross income for child support was properly calculated	Trial court undervalued Husband's income by using $390/week instead of average earnings.	Husband largely unemployed; using $390/week reflects ongoing unemployment.	Trial court abused discretion; remand for income averaging in arrearage calculation.

Fobar v. Vonderahe, 771 N.E.2d 57 (Ind. 2002) (balance marital assets; equal division permitted when fair)
Beckley v. Beckley, 822 N.E.2d 158 (Ind. 2005) (burden to rebut equal division with relevant factors)
Yanoff v. Muncy, 688 N.E.2d 1259 (Ind. 1997) (two-step sufficiency review of findings and law)
Trabucco v. Trabucco, 944 N.E.2d 544 (Ind. Ct. App. 2011) (income averaging for fluctuating self-employment income)
Young v. Young, 891 N.E.2d 1045 (Ind. 2008) (child support guidelines presumptively valid; abuse if misapplied)