Bergman v. Bergman
2013 Ohio 715
Ohio Ct. App.2013Background
- Robert and Kendra Bergman married in 1994 and had one child, R.L.B., born 1995.
- The couple separated in 2011; Robert filed for legal separation and then divorce; trial occurred May 7, 2012.
- Final Judgment and Decree of Divorce were filed August 22, 2012; the trial court awarded Robert full custody of their minor son.
- The court divided marital assets, including accrued sick leave and vacation time and discussed comp time.
- Kendra appealed the decision on three assignments of error related to asset division, child support, and a real property classification.
- The appellate court sustained one assignment, sustained another with remand for child support recalculation, and overruled the third; property at 8215 N. Main Street was found to be Robert’s separate property.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Division of accrued sick leave and vacation time | Kendra sought immediate payment of her share at final decree. | Robert argued payout should occur when he retires or is discharged. | No abuse; deferred payout until retirement/discharge permitted. |
| Accuracy of child support computation | Kendra claims income was omitted from the worksheet calculation. | Robert concedes the omission; calculation failed to include Kendra’s income. | Error corrected; child support recalculation required to include Kendra's income. |
| Treatment of the 8215 N. Main Street property | Kendra contends the property should be marital asset. | Robert argues the property is his separate property. | Property is Robert's separate property; not a marital asset. |
Key Cases Cited
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (Ohio 1978) (test for sufficiency of evidence; standard of review for weight of evidence)
- Mayer v. Mayer, 110 Ohio App.3d 233 (Ohio App.3d 1996) (classification of property when tracing separate vs. marital property)
- Snyder v. Snyder, 2d Dist. Clark No. 2002-CA-6, 2002-Ohio-2781 (Ohio App. 2d Dist. Clark 2002) (burden of proof for property as separate vs. marital; traceability)
- Weller v. Weller, 11th Dist. Geauga No. 2004-G-2599, 2005-Ohio-6892 (Ohio App. 11th Dist. 2005) (treatment of sick leave/vacation as deferred compensation/assets)
- Donnelly v. Donnelly, 2d Dist. Green No. 2002-CA-53, 2003-Ohio-1377 (Ohio 2nd Dist. 2003) (broad discretion in property division; abuse of discretion standard)