2013 Ohio 1761
Ohio Ct. App.2013Background
- Married in 1987; four children born of the marriage.
- Mary Ann filed for divorce in 2010; Allan answered/counterclaimed in 2011.
- Trial held January 10, 2012; decree entered April 4, 2012.
- Appellant Allan is a Darko, Inc. salesman with base pay $60,000 and commissions; commissions paid 6–8 months late.
- Trial court imputed Allan’s average annual gross income at $150,000 and Mary Ann’s at $25,000; ordered spousal support of $2,666.67/month for 99 months and life-insurance security for support and property settlement.
- Court also divided marital property, giving Allan $105,617.28 as unpaid commissions and ordering child support for two non-emancipated children.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Life insurance to secure spousal support terminable on death | Forchione argues court erred factoring life policy when support ends at death. | Forchione asserts court may require life insurance to secure ongoing obligations. | Overruled; court acted within discretion to require the policy. |
| Tax consequences of commissions in property division | Forchione contends tax impact of $105,617.28 should alter division. | Forchione asserts tax impact speculative; no exact tax amount provided. | Overruled; tax consequences were speculative and division not abused. |
Key Cases Cited
- Addy v. Addy, 97 Ohio App.3d 204 (Ohio App.3d 1994) (life-insurance security of spousal support where terms allow termination)
- Campbell v. Campbell, 2012-Ohio-3059 (5th Dist No. 12 AP 0001, 2012) (discretion to order life insurance to secure support)
- Matics v. Matics, (no official reporter citation available) (5th Dist. 1996) (discretion to require life-insurance for support noted (cited but not controlling))