In Re the Marriage of Tummarello
2012 MT 18
| Mont. | 2012Background
- Phil and Valerie began dating in 1993, married in 2003, and began dissolution in 2005.
- District Court conducted bifurcated bench trials addressing marital estate, parenting plan, and child support.
- El Granada (premarital) and Truckee were later found to be marital assets due to contributions and intermingling of funds.
- Valerie served as homemaker and primary caregiver; Phil provided primary financial support and later disability/pension income.
- Iron Cap was acquired with proceeds from El Granada/Truckee; district court proposed buyout or equal split; maintenance was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court properly divide the marital estate? | Tummarello argues improper inclusion of premarital property and misvaluation. | Valerie contends district court appropriately considered all statutory factors and contributions. | No abuse; estate properly equitably distributed. |
| Was the parenting plan in the best interests of the children? | Crane's recommendations should govern due to expertise; equal-time plan favored. | Court properly weighed GALs and experts, adopting Crane's plan as best interests. | No abuse; plan adopted reflecting best interests. |
| Did the court calculate Phil's child support correctly? | Court failed to deduct taxes from disability/pension; miscounted days with children. | Tax deductions based on evidence; days calculation within discretion. | No abuse; calculations supported by record and rules. |
Key Cases Cited
- In re Marriage of Thorner, 2008 MT 270 (Mont. 2008) (standard for reviewing factual findings in marital estates and parenting plans)
- In re Petition of Fenzau, 2002 MT 197 (Mont. 2002) (factors guiding division of property)
- In re Marriage of Funk, 2012 MT 14 (Mont. 2012) (pre-acquired property considerations and maintenance alternatives)
- In re Marriage of Rolf, 2003 MT 194 (Mont. 2003) (distribution in lieu of maintenance permitted when appropriate)
- In re Marriage of Dahm, 2006 MT 230 (Mont. 2006) (consideration of appreciation in pre-acquired property)
- In re Marriage of Kummer, 2002 MT 168 (Mont. 2002) (definition of 'day' for child-support credit)
- In re Meeks, 1996 Mont. 237 (Mont. 1996) (credibility and weight given to witness testimony in custody matters)