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Dewbrew v. Dewbrew

Court of Appeals of Indiana
849 N.E.2d 636 (2006)


Facts

Tina Dewbrew (plaintiff) and Herbert Dewbrew (defendant) were married and had two children. Years later, Tina and Herbert obtained a divorce. The divorce decree included a custody agreement that stated that neither party would pay child support. However, the agreement also included a provision that required Herbert to pay Tina $3,000 per month in alimony for the first five years following divorce and $1,000 per month for the next five years. Herbert stated that it was understood that $1,000 would go to Tina in alimony, and the remaining $2,000 would serve as child-support payments for the couple’s two children. Tina filed an appeal, arguing that it was not in the children’s best interest for the payments to be lumped together, because alimony and child support have different tax consequences. Tina alleged that the taxes on the alimony award reduced the amount that the children ultimately received. The trial court denied Tina’s motion to alter the divorce decree. Tina appealed the decision.

Rule of Law

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Issue

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Holding and Reasoning (Riley, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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