2019 Ohio 2306
Ohio Ct. App.2019Background
- Jonathan Ward (Husband) and Melissa Kiernan (Wife) divorced after a final hearing; four children were born of the marriage. Wife filed for divorce in Sept. 2016; Husband counterclaimed.
- At the final hearing Husband proceeded pro se after his counsel withdrew and he declined a continuance.
- In Aug. 2018 the trial court entered a divorce decree naming Wife primary residential parent and awarding spousal and child support.
- Husband appealed, raising three assignments of error challenging property division, imputation of $200,000 income for spousal support, and imputation of $200,000 income for child support.
- The Court of Appeals determined the trial-court decree failed to dispose of all marital property (e.g., personal injury settlement, multiple vehicles, jointly titled bank accounts, canoes, jewelry, lingerie, etc.), so the decree was not a final, appealable order.
- Because the decree was not final, the appellate court dismissed the appeal for lack of jurisdiction and did not address the merits, but noted statutory duties for property designation and valuation on remand.
Issues
| Issue | Husband's Argument | Wife's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in dividing property | Trial court made an improper property division | Trial court properly divided marital property | Appeal dismissed for lack of jurisdiction because decree failed to dispose of all property; merits not reached |
| Whether the trial court erred by imputing $200,000 income to Husband for spousal support | Imputation of $200,000 was incorrect/unwarranted | Imputation was appropriate | Appeal dismissed for lack of jurisdiction; merits not reached |
| Whether the trial court erred by imputing $200,000 income to Husband for child support | Imputation inflated child-support obligation | Imputation was appropriate | Appeal dismissed for lack of jurisdiction; merits not reached |
Key Cases Cited
- The Whitaker-Merrell Co. v. Carl M. Geupel Constr. Co., Inc., 29 Ohio St.2d 184 (1972) (appellate court must raise jurisdictional defects sua sponte; only final appealable orders may be reviewed)