2013 Ohio 1903
Ohio Ct. App.2013Background
- Dissolution of marriage in 1994 included a separation agreement obligating Ross to pay all college costs for the two children.
- The dissolution decree attached a separation agreement that allegedly contained college-expenses language not present in the version Ross reviewed.
- Ross claimed he did not agree to pay all college costs and that the college-expenses clause was added by error or fraud.
- Hill sought show-cause relief for contempt after Ross stopped paying; Ross sought relief from judgment.
- The magistrate denied relief from judgment as untimely but ordered Ross to pay $10,000 toward college expenses.
- The appellate court reversed and remanded to delete the college-expenses provision and considered Civ.R.60(B) arguments as adjuncts to relief from judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Civ.R.60(A) permits correction of a clerical error in the decree | Hill argues correction to reflect the true agreement | Ross contends no clerical error; language was substantive | Yes; clerical error correction warranted and deletion of college-expenses language proper |
| Whether Civ.R.60(B)(5) provides relief for fraud upon the court | Hill asserts no relief due to fraud; Ross seeks relief | Ross argues fraud by the attorney who prepared the judgment entry | Yes to relief under 60(B)(5) for fraud upon the court, but limited by record facts |
| Whether the decree should be corrected to reflect the parties' true agreement | Hill asserts the decree should require Ross to pay all college costs | Ross never agreed to such obligation | Remanded to correct the decree by deleting the all-college-expenses obligation |
Key Cases Cited
- In re Adams, 45 Ohio St.3d 219 (1989) (separation agreement bound court; mutual consent essential)
- Knapp v. Knapp, 24 Ohio St.3d 141 (1986) (mutual consent cornerstone of dissolution law)
- GTE Automatic Elec., Inc. v. ARC Indus., Inc., 47 Ohio St.2d 146 (1976) (requirements for relief from judgment under 60(B))
- Cutter v. Cutter, 2012-Ohio-358 (8th Dist.) (court cannot unilaterally change terms of separation agreement)
- Binder v. Binder, 2007-Ohio-4038 (8th Dist.) ( Civ.R.60(A) and correction of judgments for misreflecting agreement)