Collins v. Collins
2011 Ohio 2339
Ohio Ct. App.2011Background
- Amanda and David Collins married on August 17, 2002; two children born in 2006 and 2008.
- Amanda filed for divorce on November 4, 2009; David answered and counterclaimed.
- Parties participated in mediation, resulting in a shared parenting plan for the children.
- Final divorce hearings occurred on April 26 and June 30, 2010; parties agreed to shared parenting and equal distribution of household goods.
- On August 26, 2010 the trial court awarded the marital home to David, ordered equal division of retirement accounts, assigned vehicles, allocated health insurance and medical expenses, set child support at $123.73/month, and allocated various student loan and credit card debts; this decision was appealed by both sides.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Restoration of maiden name | Amanda requests restoration to Amanda Wood. | David argues no issue or not in best interest. | Amanda's name restoration is sustained; court failed to restore maiden name. |
| Child support calculation and deductions | Amanda contends union dues were improperly handled and income imputed incorrectly. | David contends income and deductions were miscalculated and uninsured medical costs should differ. | Court erred in David's income figure; union dues evidentiary basis insufficient; overall child support calculations sustained with remand for proper income valuation. |
| Disposition of retirement accounts and termination date | Accounts divided equally; valuation date and off-sets unclear. | Equal division appropriate but valuation timing and QDROs require clarity. | Remand to determine date of marriage termination for accurate STRS/OPERS valuation and to issue appropriate QDROs. |
| Debt and asset division mechanics | Credit card debts were misallocated to the wrong parties and vehicle valuation contested. | Similar concerns about debt allocation and asset valuation; disparity in final distribution needs justification. | Reversal and remand for equal or equitable distribution with explanations; clarify debt allocation and vehicle valuation; address off-sets/distributive awards. |
Key Cases Cited
- Gibson v. Gibson, 2007-Ohio-6965 (Ohio 3d Dist. 2007) (broad discretion in property division; factual/property classification standard)
- Cherry v. Cherry, No. 1981-Ohio-166 (Ohio Supreme Court 1981) (broad discretion to determine equitable property division)
- Berish v. Berish, 69 Ohio St.2d 318, 432 N.E.2d 183 (Ohio Sup. Ct. 1982) (defining termination date considerations for marital property)
- Milano v. Milano, 2005-Ohio-6302 (5th Dist. 2005) (guidance on use of final hearing date for property valuation)
- Snyder v. Snyder, 2007-Ohio-2676 (3d Dist. No. 14-06-52, 2007) (importance of stipulations and planning in child-related determinations)
- Ward v. Ward, 2004-Ohio-1390 (3d Dist. No. 01-03-63, 2004) (traceability as key to preserving separate property)
- Dindal v. Dindal, 2009-Ohio-3528 (3d Dist. No. 5-09-06, 2009) (deduction of union dues and evidentiary burden in income calculations)