Costarella v. Costarella, Unpublished Decision (6-3-1998)
Costarella v. Costarella, Unpublished Decision (6-3-1998)
Opinion of the Court
The matter was referred to a magistrate who held a hearing on all remaining issues. Because the couple had no children, the only contested issues involved the division of marital property and debt and whether Mr. Costarella would be required to pay spousal support. The magistrate granted the couple a divorce and divided the marital property and debt. The magistrate did not award Mrs. Costarella spousal support, and, in fact, ordered Mrs. Costarella to repay Mr. Costarella for the temporary spousal support he had overpaid. The trial court adopted the magistrate's decision.
Mrs. Costarella filed objections that challenged the magistrate's division of marital property and debt, his failure to award spousal support, and his order that Mrs. Costarella repay Mr. Costarella for overpaid spousal support. The trial court overruled the objections. Mrs. Costarella timely appealed to this Court.
The value of the stereo and other electronic equipment was sharply disputed at trial. Mrs. Costarella presented an exhibit, prepared by her, that listed the electronic and musical equipment in Mr. Costarella's possession and included an estimated value for each item. Mrs. Costarella explained that she had based the value for each item primarily on its purchase price. She conceded that much of the equipment was several years old, and she admitted that she had no basis for estimating its then current fair market value.
Mr. Costarella, on the other hand, presented evidence that the marital equipment was worth considerably less than Mrs. Costarella's estimate. He explained that he owned most of the equipment prior to the marriage and that all of the equipment was worth less than what he had paid for it. He estimated that the marital equipment was worth "four or five hundred dollars." He indicated that Mrs. Costarella's estimate of the equipment's value was "totally preposterous." It was for the trial court to determine which witness was more credible. See State v. DeHass
(1967),
The evidence demonstrated that Mrs. Costarella supplemented her teaching income by working as an exotic dancer. Mr. Costarella testified that, during their marriage, Mrs. Costarella would dance at Desiree's dance bar two to three times per week. According to him, she had earned as much as $275 on one Friday night. He further testified that he had seen her working at Desiree's after their separation. Another witness, Tara West, another dancer at Desiree's, testified that she had seen Mrs. Costarella working at Desiree's after the separation and that she had also seen her name on the work schedule around that time. According to Ms. West, the typical income for a four to five hour shift was approximately $100. The trial court had evidence before it, therefore, to support its finding that Mrs. Costarella's annual income was $10,000.
Mrs. Costarella has also briefly argued that, even if she is able to earn $10,000 annually, her income is far less than Mr. Costarella's income and is insufficient to cover her monthly expenses. The trial court indicated, however, that it had considered all the relevant factors pursuant to Section
The trial court based its finding on Mr. Costarella's evidence, introduced through his own testimony corroborated by credit card statements. Although Mrs. Costarella has maintained that she presented documentary evidence to contradict Mr. Costarella's evidence on this issue, this Court is unable to find such evidence in the record. Moreover, even if she had contradicted Mr. Costarella's evidence, it was for the trial court to determine which evidence was more credible. See DeHass, supra. Mrs. Costarella has failed to demonstrate that the trial court incorrectly based its finding on Mr. Costarella's testimony and documentary evidence. Mrs. Costarella's third assignment of error is overruled.
The trial court had initially ordered Mr. Costarella to pay $1,200 in monthly spousal support for a period of ten months, for a total of $12,000. At the time of trial, the child support enforcement agency had already disbursed $10,414.92 to Mrs. Costarella. By a prior court order, however, Mr. Costarella had been granted a credit of $2,150 based on Mrs. Costarella's financial misconduct. The trial court, therefore, subtracted the $2,150 credit from the $12,000 that Mr. Costarella originally had been ordered to pay, to get a total spousal support obligation of $9,850. Because Mr. Costarella had already paid Mrs. Costarella $10,414.92, he had overpaid the obligation by $564.92 ($10,414.92 minus $9,850). Because Mrs. Costarella has failed to demonstrate any error in the trial court's calculation, her fourth assignment of error is overruled.
Judgment affirmed.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this court, directing the County of Summit Common Pleas Court to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E).
Costs taxed to Appellant.
Exceptions. _________________________________ CLAIR E. DICKINSON, FOR THE COURT
QUILLIN, J.
BAIRD, J., CONCUR
Case-law data current through December 31, 2025. Source: CourtListener bulk data.