Kish v. Kish
2012 Ohio 5430
Ohio Ct. App.2012Background
- Cuyahoga County child support obligation began in 2002 and was deposited into Wife's separate account.
- Wife and Husband married on February 14, 2005, but continued enforcing the Cuyahoga County Obligation post-marriage to their perceived benefit.
- The Cuyahoga County Obligation ended in July 2008; total payments during marriage amounted to $19,696.89.
- The divorce decree (Sept. 23, 2010) did not reference the Cuyahoga County Obligation.
- In March 2011, Husband moved for Civ.R. 60(B) relief, seeking to vacate arrearage and to incorporate the obligation into the divorce decree as a credit.
- The trial court granted relief, vacated the $4,000 arrearage, and incorporated the Cuyahoga County Obligation as a credit; Wife appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Civ.R. 60(B) relief was improper | Kish argues trial court abused discretion by granting relief. | Kish contends relief was proper due to alleged mutual mistake/misconduct. | Civ.R. 60(B) relief improperly granted; court abused discretion. |
| Whether the credit for the Cuyahoga County Obligation should be incorporated | Credit improperly allowed due to misconduct by both parties. | Credit should reflect the amount paid under the obligation. | Credit alignment with the obligation was improper; issue moot after ruling on first assignment. |
Key Cases Cited
- GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 156 (Ohio 1976) (three-factor test for Civ.R. 60(B) relief)
- Strack v. Pelton, 70 Ohio St.3d 172 (Ohio 1994) (abuse-of-discretion standard for Civ.R. 60(B))
- Griffey v. Rajan, 33 Ohio St.3d 75 (Ohio 1987) (conduct constituting disregard for the judicial system)
- Toledo Blade Co. v. Seneca Cty. Bd. of Commrs., 120 Ohio St.3d 372 (Ohio 2008) (equitable relief limitations for wrongdoing)