2011 Ohio 5276
Ohio Ct. App.2011Background
- Harper (plaintiff) filed for divorce; Harper (defendant) answered and counterclaimed.
- After four days of trial, parties reached a separation agreement resolving all issues.
- The agreement acknowledged spousal support non-modifiability except for compliance tools; clause 12 required writing to alter the agreement.
- The trial court incorporated the separation agreement into the February 17, 2010 divorce judgment.
- Ten months later, Harper moved under Civ.R. 60(B)(4) seeking relief from judgment to vacate the separation agreement.
- The trial court denied relief; Harper appealed challenging the denial and lack of an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Civ.R. 60(B)(4) relief can vacate a separation agreement non-modifiable by statute | Harper contends changed finances make enforcement inequitable. | Harper cannot vacate due to non-modification clause and statutory limits. | 60(B)(4) relief unavailable; the agreement barred modification. |
| Whether an evidentiary hearing was required on the Civ.R. 60(B) motion | Requests an evidentiary hearing to develop facts on financial change. | Hearing not required when no operative facts warrant relief. | No hearing required; motion insufficient on its face. |
Key Cases Cited
- Knapp v. Knapp, 24 Ohio St.3d 141 (1986) (Civ.R. 60(B)(4) relief cannot undo voluntary separation agreements)