Heller v. Heller
195 Ohio App. 3d 541
| Ohio Ct. App. | 2011Background
- Married June 29, 1974; divorce action filed 2004; two children emancipated during proceedings.
- Heller held 39.5% of H&S Forest Products, Inc. and drew a salary; value of interest determined via capitalization-of-earnings method.
- Trial court valued H&S at roughly $700,018 as of 12/31/2005 and allocated assets to balance marital property.
- Original decree (2007) awarded plaintiff $8,000 monthly spousal support plus health-insurance cost and 20% of H&S bonus income; court retained modification jurisdiction.
- This court (Heller I, 2008) held the court double-dipped by treating future H&S profits as both asset and income for support; remanded for compliance.
- On remand (Heller II, 2010), court again issued a spousal-support structure that the appellate court found violated the double-dip rule; further remand occurred; December 22, 2010 decree increased base spousal support to $18,000 plus health insurance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the spousal-support award violated the double-dip rule. | Heller I/II require separation of asset and income streams; $18,000 + 20% bonus income constitutes double-dip. | Court could reflect combined effect of base income and ownership-related income without duplicating assets. | Reversed; spousal support must not rely on bonuses from ownership income; set to $8,000 plus health insurance. |
| Whether $18,000 monthly spousal support is reasonable given defendant's $300,000 base income. | Support amount should be supported by all sources of income; $18k is reasonable. | Broad discretion to set support; need not equalize living standards. | Abuse of discretion; amount reduced to base award plus health-insurance cost (i.e., $8,000/mo). |
| Whether the decision should be remanded or rendered to resolve arrearage implications. | Remand for arrearage determination; on this appeal, judgment rendered consistent with base award. |
Key Cases Cited
- Heller v. Heller, 2008-Ohio-3296 (10th Dist. 2008) (double dip; separation of marital asset vs. income stream for support)
- Heller v. Heller, 2010-Ohio-6124 (10th Dist. 2010) (Heller II; reiterates non-combining asset and support income)
- Kaechele v. Kaechele, 35 Ohio St.3d 93 (1988) (support awards must consider but not excessively burden income)
- Nolan v. Nolan, 11 Ohio St.3d 1 (1984) (law-of-the-case doctrine handling on remand)
- Simoni v. Simoni, 102 Ohio App.3d 628 (1995) (limits on punitive/penal adjustments in divorce awards)