Phillip J. Troyer v. Tracy L. Troyer
2013 Ind. App. LEXIS 197
| Ind. Ct. App. | 2013Background
- Husband and Wife married in 1993 and have one child, K.T. (born 2000).
- Wife filed multiple petitions to dissolve beginning in 2010; the final dissolution proceeding culminated in a 2012 Final Decree.
- A July 2011 Provisional Order awarded joint legal custody, Wife primary physical custody, and set child support/healthcare obligations.
- The Final Decree valued and divided the marital estate evenly, awarded joint legal custody with Wife primary physical custody, and denied Husband’s attorney-fee petition.
- Husband appealed on several issues (estate valuation/division, retroactive child-support/healthcare changes, attorney fees); Wife cross-appealed on joint legal custody.
- The appellate court affirmed in part, reversed in part (notably retroactive support/healthcare changes), and remanded to address unreached issues such as private-school reimbursement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Valuation and division of marital assets | Troyer contends Wife’s ongoing law practice goodwill was marital asset. | Court found no enterprise goodwill tying to marital assets; no value assigned. | No reversible error; trial court did not misvalue/divide assets. |
| Retroactive modification of child support and healthcare | Final Decree retroactively increased support/expenses despite no petition to modify. | Provisional order authority permits modification before final decree. | Trial court exceeded statutory authority; reverse and remand to amend Final Decree. |
| Attorney fees award | Wife’s conduct justified attorney-fee award to Husband. | Court reasonably denied fees; no misconduct warranting fees. | No abuse of discretion; attorney-fee denial affirmed. |
| Joint legal custody | Joint custody appropriate under statute due to shared goals for KT. | KT’s health risks and parental conflict undermine joint custody. | Partially upheld; trial court’s joint custody affirmed but concurrence/dissent suggests reconsideration due to parental conflict. |
Key Cases Cited
- Galloway v. Galloway, 855 N.E.2d 302 (Ind.Ct.App. 2006) (presumption of equal division; factors for rebuttal under Ind. Code § 31-15-7-5)
- Eye v. Eye, 849 N.E.2d 698 (Ind.Ct.App. 2006) (look at division of marital estate as a whole, not item by item)
- Thalheimer v. Halum, 973 N.E.2d 1145 (Ind.Ct.App. 2012) (standard on reviewing dissolution findings and judgments)
- McCauley v. Harris, 928 N.E.2d 309 (Ind.Ct.App. 2010) (clarifies appellate review of dissolution orders)
- Swadner v. Swadner, 897 N.E.2d 966 (Ind.Ct.App. 2008) (joint custody considerations; best interests of the child)