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Gillespie v. Gillespie

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Tuesday, April 2, 2013

S-12-0757, Daniel J. Gillespie (Appellant) v. Victoria A. Gillespie

Madison County, Judge Robert B. Ensz

Attorneys: Kathleen Koenig Rockey (Copple Rockey McKeever & Schlecht PCLLO) (Appellant) --- Mark Keenan (Appellee)

Civil: Dissolution with child custody

Proceedings below: The trial court dissolved the marriage and divided the assets and liabilities. The court awarded primary physical custody of the children to Appellee subject to parenting time by Appellant. The court set child support and awarded alimony to Appellee.

Issues: 1. The Court abused its discretion in (1) finding that the parties should not be awarded the joint physical and legal care, custody and control of the minor children; (2) averaging income of the father over a three year period given the evidence of Appellant's substantial income fluctuations; (3) finding that the Appellee was entitled alimony paid at the rate of 48 months at $2,000.00 per month, 12 months at $1,500.00 per month and 24 months at $1,000.00 per month;

(4) improperly valuing the real estate of the parties including, specifically, the Jansen farm, rejecting the testimony of a licensed and certified appraiser; (5) the division of the marital estate which was inequitable by failing to properly account for substantial premarital assets of the Appellant which the Appellant properly traced as non-marital property, including 1996 crop sale proceeds and his TracPacker asset.

Cross-Appeal: 1. The court erred in the calculation of child support. 2. The trial court erred by classifying marital property as non-marital property. 3. The trial court erred in the division of marital debt. 4. The trial court erred in the division of the net marital estate.

This page was last modified on Tuesday, April 2, 2013