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Thursday, May 14, 2015

Ind. Decisions - Supreme Court denied transfer in NFP marital distribution case [Updated]

Hay v. Hay is a Sept. 11, 2014 NFP COA opinion.

Today the Supreme Court has posted the individual order denying transfer, which had been filed May 11th.

The Court has not posted these individual orders in the past where transfer has not already been granted or an oral argument held, they are simply published on the transfer list each week. This may be a new policy, or the order may have been publicly posted and announced in error...

[Updated on May 18] It turns out there was a dissent to the denial of transfer with separate opinion, by J. David, in which J. Rucker joined. It concluded:

I agree with Judge Crone that the trial court acted within its discretion when it concluded that Carder was in contempt for paying Hay what amounted to one half of the monthly pension benefit as of the parties’ separation date, or $559 per month. Hay v. Hay, Case No. 11A01-1401- DR-22, Slip. op. at *20 (Ind Ct. App. Sept. 11, 2014) (Crone, J., dissenting). Accordingly, I would grant transfer and affirm the trial court’s determination that the Order requires Carder to pay one half of the total monthly amount received from the pension to Hay (after deducting her tax consequences on Hay’s payment).

Posted by Marcia Oddi on May 14, 2015 01:58 PM
Posted to Ind. Sup.Ct. Decisions