Ortega v. Ortega
2017 Ohio 7346
| Ohio Ct. App. | 2017Background
- Married June 1, 1987; divorce filed June 24, 2011.
- Four children, two minors at filing (now emancipated).
- Magistrate hearings held March 20, May 1, and May 9, 2013; magistrate decision May 2, 2014.
- Trial court denied objections; final decree entered January 27, 2015.
- Appellant Iveth Ortega appealed challenging four distinct rulings.
- Appellee Raimundo Ortega prevailed, trial court’s decision adopted magistrate’s findings; no transcript filed by appellant at trial court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Tax refund credit amount</br>to marital assets | Ortega argues $3,500 was incorrect; $6,853 existed | Ortega contends court erred in overlooking higher amount | No plain error; equal division sustained |
| Retroactive child support | Support payment from March 20, 2013 proper | David resided with appellant; retroactivity unfair | No plain error; retroactive support upheld |
| Imputation of income to appellant | Appellant unable to work; income should not be imputed | Appellant can work; imputation appropriate | No plain error; income imputation upheld |
| Guardian ad litem fees | Appellant should not pay half the GAL fees | Fees appropriately allocated | No plain error; GAL-fee allocation upheld |
Key Cases Cited
- Cherry v. Cherry, 66 Ohio St.2d 348 (Ohio 1981) (property division discretion; equal division principles)
- Rock v. Cabral, 67 Ohio St.3d 108 (Ohio 1993) (income imputation in child-support determinations; abuse of discretion standard)
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (Ohio 1997) (plain-error doctrine limits review absent objection)