Walters v. Walters
2013 Ohio 636
Ohio Ct. App.2013Background
- Edward Walters and Yonna Walters divorced after 36 years of marriage (2000).
- Divorce decree required Walters to pay $2,300/month in spousal support, with court retaining jurisdiction to modify.
- In 2009 Walters moved to modify support due to substantial income reduction; magistrate recommended $1,418/month.
- Trial court adopted magistrate’s recommendation, finding changed circumstances and equalization of incomes.
- Walters objected; trial court affirmed and Walters appealed.
- Record on appeal lacks exhibits related to Walters’ rental income; court imputes $880/month from rental properties based on testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether $1,418/month is an appropriate spousal-support amount. | Walters argues the amount is not appropriate or reasonable. | Walters contends the court properly weighed factors and exercised discretion. | No abuse of discretion; $1,418/month affirmed. |
| Whether imputing rental income to Walters for vacant property was improper. | Walters argues rental income should be limited by vacancy and actual receipts. | Court correctly considered potential income from rental property. | Imputation of $880/month affirmed; record incomplete but supported by evidence. |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard in spousal support)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012-Ohio-2179) (established manifest-weight review framework)