Jack Allen Delauter v. Angela Lee Delauter (mem. dec.)
85A02-1611-DR-2644
| Ind. Ct. App. | Jun 16, 2017Background
- Jack and Angela Delauter married in 1989, had two children, separated in February 2013, and Angela petitioned for dissolution in March 2013; one child was nearly emancipated at trial.
- Jack co-founded North Central Respiratory, Inc. (NCR) in 2001; he managed operations and received salary, dividends, and rental income (he and partner Aaron Shaw co-owned NCR’s office building).
- Angela reduced paid work to care for children, contributed inheritances to help start/maintain NCR, and suffered breast cancer beginning in 2011 that limited her earnings.
- During dissolution litigation, disputes arose over valuation of Jack’s 50% share of NCR, ownership/value of the office building, tax-refund allocations, existence/value of a Baird account, and whether a Harley motorcycle had been transferred pre‑separation.
- The trial court found Jack’s 50% share of NCR worth $848,872, Jack’s one-half share of the office building worth $62,000 (but internally recorded a $31,000 half), awarded Angela 60% of $64,963 in tax refunds, included the motorcycle in the marital estate, and ordered a 60/40 division in Angela’s favor. Court made detailed credibility findings against Jack.
Issues
| Issue | Jack's Argument | Angela's Argument | Held |
|---|---|---|---|
| Trial-court bias | Judge was biased against Jack (adverse rulings, critical statements) | Judge’s comments and findings reflect credibility assessment, not bias | Bias claim waived for lack of authority; merits rejected — no personal prejudice shown |
| Valuation of Jack’s 50% of NCR | Trial court’s $848,872 valuation lacks evidentiary support; Jack’s expert valued share much lower | Angela’s expert produced higher valuation; court relied on combined analyses and discounted appropriately | Valuation affirmed; court did not abuse discretion and credibility determinations stand |
| Valuation of NCR office building share | Jack says only a 50% interest worth $31,000 (or mortgage should reduce value) | Angela notes Jack admitted co-ownership; parties agreed $62,000 value | Findings support a $31,000 half-share but judgment states $62,000 — court’s conclusion inconsistent; remand for clarification on correct value |
| Division of marital estate (unequal 60/40) | Result punitive, misapplied facts, and inconsistent allocations (e.g., accounts) | Angela: contributions, inheritances, health/economic disparity, and Jack’s control of finances justify unequal split | 60/40 split affirmed; court considered statutory factors and majority of challenges fail |
Key Cases Cited
- Weigel v. Weigel, 24 N.E.3d 1007 (Ind. Ct. App. 2015) (standard for reviewing valuation and division in dissolution)
- Wysocki v. Johnson, 18 N.E.3d 600 (Ind. 2014) (Trial Rule 52 — findings of fact reviewed for factual support)
- Thompson v. Thompson, 811 N.E.2d 888 (Ind. Ct. App. 2004) (marital estate includes property acquired by joint effort)
- Yoon v. Yoon, 711 N.E.2d 1265 (Ind. 1999) (personal goodwill is not a marital asset)
- Estudillo v. Estudillo, 956 N.E.2d 1084 (Ind. Ct. App. 2011) (certificate of title raises presumption of ownership but can be rebutted)
- Balicki v. Balicki, 837 N.E.2d 532 (Ind. Ct. App. 2005) (remand required when valuation conclusion is unsupported by findings)
- Nowels v. Nowels, 836 N.E.2d 481 (Ind. Ct. App. 2005) (unequal division upheld where one spouse has far greater earnings/earning potential)