Schenck v. Schenck
2013 Ohio 991
Ohio Ct. App.2013Background
- Patrick and Rosa Schenck married on November 26, 1997; they have two children born in 1998 and 2000.
- Husband filed for divorce on August 23, 2011, and the trial court issued a Decision and Order on April 19, 2012.
- The trial court imputed income to Wife at $12,096 annually, leading to spousal support of $739.50 per month for four years.
- A July 5, 2012 final Decree of Divorce incorporated the April 19, 2012 order in full.
- Husband appeals, asserting errors on spousal support, statutory factors, and property/tax debt allocation.
- Wife was found to be voluntarily underemployed; trial court considered R.C. 3105.18 factors in determining spousal support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether spousal support was proper given Wife’s voluntary underemployment | Schenck argues underemployment bars support | Schenck contends support appropriate after imputing income | No abuse of discretion; support upheld |
| Whether the trial court properly analyzed R.C. 3105.18 factors for spousal support | Schenck asserts failure to apply statutory factors | Schenck contends court considered relevant factors | Court properly considered factors; no abuse of discretion |
| Whether the tax debt/refund division was preserved for appeal and properly allocated | Schenck argues unequal tax debt/tax refund division | Schenck waived issue by stipulating division | Issue waived on appeal; affirmed without addressing merits |
Key Cases Cited
- Carman v. Carman, 109 Ohio App.3d 698 (12th Dist.1996) (trial court need not list all factors absent request for findings)
- Zollar v. Zollar, 2009-Ohio-1008 (12th Dist.2009) (presumption of consideration of factors when no Civ.R. 52 request)
- Moore v. Moore, 2007-Ohio-4355 (12th Dist.2007) (imputing income for underemployment admissible)
- Rotte v. Rotte, 2005-Ohio-6269 (12th Dist.2005) (imputation of income upheld in spousal support context)
- Kedanis v. Kedanis, 2012-Ohio-3533 (12th Dist.2012) (R.C. 3105.18(C)(1) factors enumerated)
- Petrusch v. Petrusch, 1997 WL 102014 (2nd Dist.1997) (imputation must bear relation to earning ability)
- Cherry v. Cherry, 66 Ohio St.2d 348 (1981) (implicit standard for considering factors; separate findings not always required)