In Re the Marriage of Fuchser

SACKETT, Judge

(concurring in part and dissenting in part).

I concur in part and dissent in part. I agree with the majority Paula should only be entitled to a share of pension benefits that accumulated during the marriage. However, I do not agree with the majority’s method of adjusting the trial court’s decree. It is inequitable to Paula because it will result in her not receiving cost of living increases in the pension. I, therefore, would modify the trial court’s order to strike only that portion that provides Paula received forty percent of the pension. In all other respects, I would affirm the trial court on this issue.

The majority has failed to apply the child support guidelines. The guidelines should be applied.

The majority has concluded an application for a nunc pro tunc order is the correct way to resolve issues on using the trust assets. I do not agree with this conclusion.