Stevens v. Stevens
2016 Ohio 7925
| Ohio Ct. App. | 2016Background
- Sophia and Robert Stevens divorced after negotiations; two minor children involved.
- Parties executed a handwritten memorandum (not journalized) and later an agreed, journalized divorce decree signed by both parties and counsel. The final decree referenced an attached child support worksheet but did not address alleged child-support arrearages.
- Sophia moved under Civ.R. 60(A) and 60(B), claiming appellee owed $3,240.17 in child-support arrears that were accidentally omitted from both the memorandum and the final decree.
- Sophia asserted she made concessions during settlement (waiving spousal support, property and tax concessions, rental income allowances) in exchange for recovering the arrears; she submitted transactional records but no affidavits.
- The trial court denied relief, finding the omission was substantive (not clerical), that Sophia failed to show excusable neglect or present operative facts/affidavits supporting a meritorious defense, and therefore no evidentiary hearing was required.
- The appellate court affirmed, holding the trial court did not abuse its discretion in denying the Civ.R. 60(B) motion or in refusing an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying relief under Civ.R. 60(B)(1) for mistake, inadvertence, surprise, or excusable neglect | Stevens: omission of $3,240.17 arrears was a negotiation error/accidental omission; constitutes excusable neglect warranting relief | Stevens: no intent to preserve arrears; both written instruments omit arrears, showing no agreement to preserve them | Court: No abuse of discretion — omission was substantive, not clerical; plaintiff failed to show excusable neglect because she could have ensured arrears were included. |
| Whether the court erred by refusing an evidentiary hearing on the Civ.R. 60(B) motion | Stevens: hearing required to resolve factual dispute over whether concessions were made in exchange for arrears | Stevens: argued the written documents reflect the parties’ agreement; no operative affidavits support the alleged trade | Court: No hearing required — movant must attach evidentiary-quality affidavits alleging operative facts; unsworn assertions insufficient and plaintiff presented no affidavits showing a meritorious defense. |
Key Cases Cited
- Griffey v. Ragan, 33 Ohio St.3d 75 (trial court’s Civ.R. 60(B) discretion review standard)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (standard for finding abuse of discretion)
- GTE Automatic Electric, Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146 (requirements for Civ.R. 60(B) relief: meritorious defense, grounds, timeliness)
- Rose Chevrolet, Inc. v. Adams, 36 Ohio St.3d 17 (consider all surrounding facts to determine excusable neglect)
- Argo Plastic Prod. Co. v. Cleveland, 15 Ohio St.3d 389 (failure to satisfy any Civ.R. 60(B) requirement warrants denial)