Applegate v. Applegate, 2013 Ohio 4532

After 2006 divorce, spousal support set at $2,900/month using $110,000 income and $40,000 imputed income; court retained modification jurisdiction.
Wife unemployed due to health problems; parties awarded assets and retirement accounts totaling about $267,000 plus marital home; both later received inheritances (Wife from Mother's estate, Husband from a family trust).
Husband's income fluctuates; 2006 salary about $119,826; 2011 about $119,300; 2012 projected at $122,000 with 1.9% annual raises; Wife unable to work in nursing despite seeking six jobs.
Magistrate reduced spousal support to $2,300/month; trial court denied that reduction and kept at $2,900/month; Husband challenged the decision.
Court held no abuse of discretion and no substantial change in circumstances warranting modification; asset division at divorce not properly challenged in a modification motion; judgment affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether court properly modified spousal support under applicable standard	Husband argues change in salary warrants decrease	Wife contends no substantial change; assets division proper	No abuse; modification not warranted
Whether moving party met burden to show substantial change in circumstances	Husband asserts lower income constitutes change	Wife's health and income fail to show substantial change	No substantial change; judgment affirmed

Burns v. Burns, 2012-Ohio-2850 (Ohio 2012) (abuse of discretion standard for modification appeal)
Strain v. Strain, 2005-Ohio-6035 (Ohio 2005) (needs change in circumstances to modify support)
Mandelbaum v. Mandelbaum, 2009-Ohio-1222 (Ohio 2009) (change must be substantial and not anticipated at divorce)
Hill v. Hill, 2005-Ohio-5370 (Ohio 2005) (analysis of modification and thresholds for modification)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse-of-discretion standard for reviewing spousal support decisions)