Lehman v. Lehman
2012 Ohio 2082
Ohio Ct. App.2012Background
- Joint dissolution in 1998; separation agreement required each parent to fund half of emancipated children's college expenses through age 24.
- Trial court found arrearages relating to college loans and ordered partial payments via a college expense account (Lanfair) and payments toward loans.
- April 16, 2007 agreed judgment: appellee current through March 31, 2007 and to pay $344.31 monthly into the college account; contempt issues resolved.
- December 2008 contempt motion filed; trial on January 2011 focusing on how to compute 50% of total college expenses and arrearage.
- July 2011 final judgment: court computed appellee's share as $4,502.99 based on post-March 31, 2007 payments, remanded for correct calculation due to improper crediting of earlier payments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether arrearage calculation followed the separation agreement | Lehman argues trial court erred in crediting pre-March 31, 2007 payments | Lehman contends payments were timely and properly credited | Remanded for recalculation of arrearage based on post-March 31, 2007 payments and repayments after that date |
Key Cases Cited
- Gallo v. Gallo, 2002-Ohio-2815 (Ohio (App. Dist.) 2002) (enforceability of express post-dissolution college-expense agreements)
- Tennant v. Martin–Auer, 188 Ohio App.3d 768, 936 N.E.2d 1013 (Ohio App. 2010) (evidentiary standard for reviewing trial court credibility)
- Taralla v. Taralla, 2005-Ohio-6767 (Ohio App. 2005) (allocation of education-related expenses among former spouses)
- State ex rel. Hoff v. Brown, 10 Ohio St.2d 230, 227 N.E.2d 212 (Supreme Court of Ohio, 1969) (res judicata impact on post-judgment financial obligations)
- Gallo v. Gallo, 2002-Ohio-2815 (Ohio (App. Dist.) 2002) (enforceability of post-dissolution education obligations)
