Mother appealed, arguing that the trial court erred in considering the home study report without a hearing. Larkin, supra, at 1342. The court then awarded James custody. Record, p. 302. Yet, by denying Kathy's request for a hearing, the trial court precluded her from examining the veracity and probity of Durak's recommendations which the trial court expressly relied upon in reaching its conclusion.
Due process requires otherwise.
Accordingly, we determine that a hearing subsequent to the submission of Durak's reports was essential to protect Kathy's due process rights and remand for further proceedings. Property Disposition - Disability Pension Kathy contends that the trial court erred by failing to consider James' union disability pension a marital asset subject to property distribution. In reviewing a trial court's division of property, we consider only the evidence favorable to the judgment, and will reverse only upon a showing of an abuse of discretion. The party challenging the trial court's division must overcome a strong presumption that the court complied with controlling statute. Kathy argues that James' disability pension is marital property subject to equitable distribution.