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Lehman v. Lehman
2012 Ohio 2082
Ohio Ct. App.
2012
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Background

  • 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)
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Case Details

Case Name: Lehman v. Lehman
Court Name: Ohio Court of Appeals
Date Published: May 10, 2012
Citation: 2012 Ohio 2082
Docket Number: 11 CA 43
Court Abbreviation: Ohio Ct. App.