Collins v. Collins
2012 Ohio 749
Ohio Ct. App.2012Background
- Amanda and David divorced in Marion County, Ohio; divorce final issues included debts, child support, and asset division, with retirement funds split via QDRO and the marital home awarded to David.
- Prior appellate decision Collins I remanded for: (1) proper child-support income calculation, (2) accurate vehicle valuations, (3) explanation of asset division, including student loans, and (4) correction of shared parenting modification; await remand judgment.
- On remand, the family court kept Amanda’s child support at $123.73, assigned David the house mortgage, and divided vehicles with debt allocated per possession.
- Valuations were corrected on remand: Amanda got the 2000 Ford Explorer valued at $5,495 with $768 debt; David kept the 1995 Explorer valued at about $2,500.
- Court reaffirmed the equitable division standard under R.C. 3105.171 and affirmed the trial court’s decisions on income, vehicle valuation corrections, and overall property/debt division.
- Appeal now challenges: (1) Amanda’s income for child support, (2) vehicle valuation, (3) overall property division as inequitable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Income for child support | Collins contends David’s income should reflect his 2009 W-2 figures, not post-remand 2010 salary. | Collins asserts the court properly used David’s 2010 testimony of $13.10/hour. | No reversible error; incomes properly calculated. |
| Valuation of vehicles | Argues the 1995 Explorer valuation remained incorrect after remand. | Agrees the 2000 Explorer value was corrected; challenges adjustment to 1995 Explorer. | Valuation corrected on remand; second assignment overruled. |
| Equitable division of property and debts | Claims division still inequitable; seeks $8,969 to make equal. | Argues court’s equitable distribution supported by factors and debt allocations. | Court’s equitable division affirmed; no abuse of discretion. |
Key Cases Cited
- Collins v. Collins, 2011-Ohio-2339 (Ohio App.3d (3d Dist. 2011)) (remand guidance on income, valuations, and division of property)
- Holcomb v. Holcomb, 44 Ohio St.3d 128 (Ohio 1989) (broad discretion in property division)
- Cherry v. Cherry, 66 Ohio St.2d 348 (Ohio 1982) (abuse of discretion standard in equitable division)
- Ostander v. Parker-Fallis Insulation Co., Inc., 29 Ohio St.2d 72 (Ohio 1972) (presumes regularity of trial proceedings when record is incomplete)