Hagar v. Sabry
2018 Ohio 4230
Ohio Ct. App.2018Background
- Parties married in 1997; five children (four minors). Hagar filed for divorce in Aug. 2016; contested hearing held Oct. 10, 2017.
- Only issues at trial: spousal support and child support. Neither party was represented by counsel; no discovery; both testified.
- Trial court awarded Hagar spousal support of $2,975/month for ten years.
- Trial court awarded child support of $193/month per child.
- Sabry appealed, arguing (1) spousal support award was unsupported/abusive and (2) child support calculation erred by not shifting spousal-support amounts from obligor to obligee income.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether spousal support award was appropriate and reasonable under R.C. 3105.18(C)(1) | Hagar: spousal support appropriate based on parties' incomes, marriage duration, and Hagar's limited earning capacity | Sabry: court relied solely on income, ignored other statutory factors and his testimony about lower income | Court: affirmed. Trial court considered applicable factors (imputed minimum wage to Hagar, Sabry’s business income, 20-year marriage), credited evidence against Sabry’s low-income claim and did not abuse discretion |
| Whether child support was correctly calculated under Ohio guidelines | Hagar: (implicitly) child support as awarded | Sabry: trial court failed to include spousal support transfer (exclude from obligor income/include in obligee income) on worksheet, so calculation was legally incorrect | Court: reversed and remanded. Trial court erred as a matter of law by failing to include spousal support in the child-support computation (spousal support must be excluded from obligor and included in obligee gross income) |
Key Cases Cited
- Kunkle v. Kunkle, 51 Ohio St.3d 64 (1990) (trial court has broad discretion to set spousal support amount and duration)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse-of-discretion standard defined as unreasonable, arbitrary, or unconscionable)
- Raber v. State, 134 Ohio St.3d 350 (2012) (appellate courts presume regularity in trial court proceedings absent contrary evidence)
- Rock v. Cabral, 67 Ohio St.3d 108 (1993) (appellate courts should not second-guess trial court credibility determinations)
- Morrow v. Becker, 138 Ohio St.3d 11 (2013) (gross income for child support includes spousal support actually received)