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In re Marriage of Brown7/30/2001
lling in division of property between the parties in a dissolution proceeding, but 'the court must have in mind the correct character and status of the property . . . before any theory of division is ordered.'' In re Marriage of Brewer, 137 Wn.2d at 766 (quoting Blood v. Blood, 69 Wn.2d 680, 682, 419 P.2d 1006 (1966)).
'{T}ort damages which compensate for services or earnings lost by the community, or for expenses incurred by the community during the injury , would be community property; but tort damages which compensate for pain and suffering to the injured party and injury-related expenses after dissolution of the marriage would be separate property.' In re Marriage of Brewer, 137 Wn.2d at 767-68.
The record here establishes that Michael received $10,000 for his personal injuries. Michael offers no evidence in the record before us to indicate what percentage of the settlement was given for his pain and suffering and, therefore, would be separate property. Absent proof to the contrary, Washington presumes monies received during marriage are community property. We conclude that the court did not err by considering the Porsche as community property.
Finally, Michael claims that the court should have given him 'credit' for paying the monthly mortgage payments after Michelle moved out of the family home. He fails to cite any legal authority for this proposition. This court need not consider arguments unsupported by legal authority. In re Marriage of Lindemann, 92 Wn. App. 64, 78, 960 P.2d 966 (1998).
Accordingly, we reject his contention.
Michelle seeks attorney fees in this appeal under RAP 18.9 and RCW 26.09.140. The trial court awarded her fees below. She is the prevailing party in this appeal. Michael has violated the Rules of Appellate Procedure by raising issues without assigning error to factual issues, by not supporting argument with legal authority, and by making frivolous claims not supported by the record. Accordingly, we grant her request for fees.
We affirm the decree of dissolution.
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