Morrison v. Morrison
2014 Ohio 2254
Ohio Ct. App.2014Background
- Wife and Husband married August 15, 1998, with three children; Wife filed for divorce with children in November 2011.
- Temporary orders on January 18, 2012 required Husband to pay mortgages, designated temporary residential parents, and ordered temporary child support; no temporary spousal support.
- Husband later filed for Chapter 7 bankruptcy; mortgage payments issue could pass through to final hearing; temporary spousal support set at $500/month.
- Trial on December 5, 2012; March 19, 2013 magistrate decision adopted in divorce decree; Wife sought findings of fact and conclusions of law.
- Wife objected to residential parent designation, lack of specific findings under R.C. 3109.04(C), parenting time, and contempt for nonpayment of mortgages; trial court denied oral hearing.
- Appellate court sustained Wife’s assignment of error regarding failure to provide required R.C. 3109.04(C) findings; remanded for further proceedings; other issues not ripe or sustained.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to make specific findings under R.C. 3109.04(C). | Morrison contends domestic violence conviction requires explicit findings. | Morrison contends findings were adequate or not necessary. | Error: lack of specific written findings sustained. |
| Effect of lack of findings on residential parent designation and related custody/visitation issues. | Designation of residential parent and visitation were improperly decided without proper findings. | Designation supported by record; findings not prerequisite for review at this stage. | Cannot review before proper findings; remanded. |
| Contempt for non-payment of mortgages and related penalties. | Husband should be held in contempt for mortgage nonpayment. | Bankruptcy discharge and lack of debts justify no contempt. | Not abuse of discretion; contempt not proven. |
| Date and amount of child support modification. | Modification should retroactively apply from trial date; equitable under custody phase. | Modification should apply from decree date; temporary orders govern. | Modification backward-in-time error; applies prospectively from decree date. |
| Oral hearing on objections to magistrate's decision. | New evidence regarding employment and parental rights warranted a hearing. | No hearing needed; record adequate. | Civ.R. 53(D)(4)(d) requires a hearing given newly discovered evidence; sustained. |
Key Cases Cited
- Ostmann v. Ostmann, 168 Ohio App.3d 59 (9th Dist. Ohio 2006) (modification of child support when temporary orders in place)
- In re A.S., 2013-Ohio-1975 (9th Dist. Summit No. 26462 (2013)) (Civ.R. 53(D)(4)(d) evidence after magistrate decision)
- Welch v. Welch, 2012-Ohio-6297 (4th Dist. Athens No. 12CA12 (2012)) (Civ.R. 53(D)(4)(d) and newly discovered evidence standard)
- Noe v. Noe, 2008-Ohio-1700 (5th Dist. Ashland No. 07-COA-047 (2008)) (timeliness of presenting new evidence between hearing and decision)
- Zemla v. Zemla, 2012-Ohio-2829 (9th Dist. Wayne No. 11CA0010 (2012)) (contempt review standard; record adequacy)