500 N.E.2d 915 | Ohio Ct. App. | 1986
Appellant, Orville R. Harpole, Jr., challenges the judgment of the Medina County Court of Common Pleas ordering him to pay Candace (Harpole) Durkin the accommodation, travel, and legal expenses she incurred in defending appellant's motion to modify child support payments. We affirm.
Following the divorce, Orville moved to San Francisco, California. Candace moved to Atlanta, Georgia. Orville petitioned the court on January 9, 1984 to modify his child support obligation. On July 10, 1984, Candace moved the court to find Orville in contempt for failing to pay child support for April, May, June and July 1984. She also requested the court to award her reasonable attorney fees, travel expenses and court costs.
On November 14, 1984, a referee held a hearing on the parties' motions. As Orville did not attend the hearing, the referee dismissed his motion without prejudice. The hearing proceeded on Candace's motions. Candace testified that Orville had not paid child support from April 1984 to the present. She further testified that in defending Orville's motion to modify child support, she incurred living, travel and legal expenses in the amount of $1,370.45. The referee then recommended that Orville pay the child support arrearages as well as Candace's travel, accommodation, and legal expenses.
On December 7, 1984, Orville filed objections to the referee's report. A hearing was held on January 14, 1985. The court affirmed the referee's recommendations except as to one half the travel and accommodation expenses. It deducted the one half attributable to Candace's present husband, finding his presence unnecessary to the proceeding.
Appellant contends that the trial court erred in awarding appellee accommodation, travel, and legal expenses. Such award, in a post-divorce decree motion, absent a showing of necessity, appellant argues, constitutes an abuse of discretion.
The Ohio Supreme Court, in Rand v. Rand (1985),
Second, appellant argues that the trial court abused its discretion in awarding Candace her travel and *291
accomodation expenses. R.C.
The appellant's assignment of error is overruled. The judgment is affirmed.
Judgment affirmed.
GEORGE, P.J., and QUILLIN, J., concur.