Schmitt v. Ward, 2018 Ohio 4401

Background

Shaine Ward and Melissa Schmitt married in 2005 and extensively litigated their divorce beginning in 2007, producing multiple appeals.
This Court previously reversed portions of the divorce decree in 2012 and, after further proceedings, affirmed a remanded judgment in 2016.
On April 17, 2015, the trial court journalized a judgment resolving issues from the remand (including a shared parenting plan and property matters).
On June 19, 2017, Ward moved to vacate the April 17, 2015 judgment, arguing child support was miscalculated because a child-support worksheet was not used.
The trial court denied the motion on November 1, 2017, and on December 1, 2017 issued an order reiterating the denial, resolving outstanding motions, and finding Ward in contempt for failing to pay $2,428.69 and other obligations.
Ward appealed two consolidated matters: (1) the denial of his motion to vacate (C.A. No. 28877) and (2) the contempt/offset issue regarding a $6,000 payment to a family assessor (C.A. No. 28910).

Issues

Issue	Plaintiff's Argument (Ward)	Defendant's Argument (Schmitt)	Held
Finality/jurisdiction: Is the trial court's November 1, 2017 order denying Ward's motion to vacate a final, appealable order?	The order should be reviewable; Ward contended the underlying April 17, 2015 judgment was void for failure to use a child support worksheet, so the motion to vacate was proper.	The November 1 order denied what was effectively a motion for reconsideration of a final judgment, so it is a nullity and not appealable.	The appellate court dismissed C.A. No. 28877 for lack of jurisdiction: the denial was not a final, appealable order.
Nature of defect: Was the April 17, 2015 judgment void (allowing a common-law motion to vacate) or voidable?	Ward argued the judgment was void because the child support computation failed to use the worksheet.	The court treated failure to use the worksheet as reversible error making the judgment voidable, not void.	Court held the defect rendered the judgment voidable, not void; common-law vacatur was improper.
Contempt/offset: Should Ward's $2,428.69 obligation to Schmitt be offset by $6,000 he advanced to Dr. Tenor for a family assessment?	Ward argued the trial court had indicated it would apportion assessment costs later and therefore should offset his obligation.	Schmitt (and the trial court) treated the $2,428.69 obligation as unpaid under the April 17, 2015 judgment and considered the $6,000 family-assessment advance a separate matter.	The appellate court affirmed the contempt finding: Ward failed to preserve the offset argument and forfeited all but plain error; he did not argue plain error, so the assignment of error was overruled.
Preservation/plain error: Did Ward preserve the offset argument for appeal?	Ward points to hearing comments and asserts an offset was anticipated.	Trial court found no clear agreement to offset; Ward’s counsel did not develop the argument at the hearing.	Court found lack of citation to record/law and failure to preserve issues; plain error review was not properly invoked, so the claim fails.

Key Cases Cited

The Whitaker-Merrell Co. v. Carl M. Geupel Constr. Co., Inc., 29 Ohio St.2d 184 (Ohio 1972) (appellate courts must raise jurisdictional defects sua sponte)
Pitts v. Ohio Dept. of Transp., 67 Ohio St.2d 378 (Ohio 1981) (motions for reconsideration after a final judgment are nullities)
Kauder v. Kauder, 38 Ohio St.2d 265 (Ohio 1974) (orders ruling on motions to reconsider a final judgment are nullities)
Marker v. Grimm, 65 Ohio St.3d 139 (Ohio 1992) (trial court’s failure to use or consult child support worksheet is reversible error)
State ex rel. Papp v. James, 69 Ohio St.3d 373 (Ohio 1994) (divorce is a special proceeding)
Goldfuss v. Davidson, 79 Ohio St.3d 116 (Ohio 1997) (plain error doctrine in civil cases is reserved for the rarest circumstances)