2019 Ohio 61
Ohio Ct. App.2019Background
- Micah and Angie Lee married in 1991; divorce complaint filed by Micah in July 2011. One minor child remained at trial.
- Trial court entered a temporary restraining order prohibiting concealment or disposition of marital assets while divorce pending.
- During pretrial, Angie moved to add third parties for alleged dissipation; the court allowed amendment but severed third-party claims.
- Seven days of trial occurred in 2014; the court delayed entry of final judgment until November 2, 2017.
- Trial court found Micah had fraudulently conveyed certain property (including a 1968 GTO), ordered reimbursement and arrearages, awarded spousal support of $1,500/month for 60 months, and prospectively reserved attorney-fee awards for postjudgment enforcement.
- The Ninth District Court of Appeals reversed and remanded for a new trial, sustaining errors as to property classification/disposition findings, spousal-support income calculation, and an unsupported arrearage award; other assignments were moot or premature.
Issues
| Issue | Plaintiff's Argument (Lee) | Defendant's Argument (Angie) | Held |
|---|---|---|---|
| Whether trial court properly found Lee fraudulently conveyed/disposed of property in violation of temporary orders | Lee argued court erred by finding fraudulent conveyance without first classifying items as marital or separate property and despite conflicting evidence | Angie argued transfers/dissipation violated restraining order and justified remedial relief | Reversed: court erred by awarding relief without first classifying property; finding unsupported by record weight |
| Whether trial court correctly included $20,000 annual "side jobs" in Lee's income for spousal support | Lee argued inclusion was against manifest weight; record showed limited/isolated side work evidence | Angie relied on testimony (her belief) that Lee earned $15k–$20k annually in side work | Reversed: inclusion of $20,000 is against manifest weight; appellate court found trial court lost its way on credibility and evidence |
| Whether child-support worksheet correctly treated spousal support and nonrecurring income | Lee argued trial court failed to include spousal support as wife’s income and improperly included nonrecurring income for him | Angie defended child-support calculations as consistent with findings | Moot: because income calculation error for spousal support required reversal, child-support issues deemed moot |
| Whether trial court had sufficient evidence to enter $32,800 arrearage for failure to pay temporary spousal support during multi-year delay | Lee argued arrearage award lacked evidence for the post-trial two-year period before judgment | Angie argued arrearage reflected ongoing delinquency and the court’s assessment | Reversed: insufficient evidence to presume arrearage for period after trial; court impermissibly presumed arrearage without proof |
Key Cases Cited
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standard for manifest-weight review in civil cases and appellate reweighing of credibility)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (definition of sufficiency of the evidence for a civil judgment)