Moauro v. Moauro, Unpublished Decision (9-20-1999)
Moauro v. Moauro, Unpublished Decision (9-20-1999)
Opinion of the Court
OPINION
Defendant-appellant/cross-appellee Betty Moauro appeals from the October 20, 1998, November 19, 1998, and January 19, 1999, Judgment Entries of the Stark County Court of Common Pleas Domestic Relations Division. Plaintiff-appellee/cross-appellant Joseph Moauro has filed a Cross Appeal.Both parties also were ordered to submit proposed findings of fact and conclusions of law on or before November 10, 1998. Appellee filed his Findings of Fact and Conclusions of Law on November 4, 1998. On November 19, 1998, appellant filed a Notice of Appeal (Case No. 98-CA-0312) from the trial court's October 20, 1998, Judgment Entry. After reviewing the proposed Findings of Fact and Conclusions of Law, the trial court, pursuant to a Judgment Entry filed on November 19, 1998, held as follows:
1) The court finds that Plaintiff is not voluntarily underemployed. Defendant shall pay child support in accord with the guideline support sheet (filed at the same time as this order) in the amount of $210.00 per month per child effective January 1, 1999 2) Due to substantial disparity in income and education of the parties, defendant shall pay to plaintiff the sum of $200.00 per month spousal support for 24 months effective January 1, 1999 3) Defendant will receive the tax exemption for the five minor children 4) Plaintiff will pay his Discover card in full, First America VISA in full, Beneficial loan in full, and Household Finance debt; defendant will pay her Discover card in full, Sears card, Montgomery Ward card, her student loan, and Ann Cherian loan 5) Plaintiff and defendant shall split the annual cost of parochial school tuition 6) The court retains jurisdiction over the child support and spousal support orders 7) Plaintiff's attorney to prepare final Judgment Entry for filing w/I 14 days of this order."
On December 15, 1998, appellant Betty Moauro filed a Notice of Appeal of the trial court's November 19, 1998, Judgment Entry (Case No. 98-CA-335). Thereafter, on December 17, 1998, appellant Betty Moauro filed proposed Findings of Fact and Conclusions of Law. An Agreed Judgment Entry/Decree of Divorce was filed on January 19, 1999. The trial court, in such entry, ordered, in relevant part, as follows: "It is further ORDERED that the martial property shall be divided as follows: 1. The Court finds that the Plaintiff is not voluntarily unemployed and that Defendant shall pay child support in accordance with the guideline support worksheet attached hereto in the amount of Two Hundred Ten Dollars ($210.00) per month, per child effective January 1, 1999. 2. Due to substantial disparity in income and education of the parties, the Defendant shall pay to the Plaintiff the sum of Two Hundred Dollars ($200.00) per month spousal support for Twenty-four (24) months effective January 1, 1999. 3. The Defendant will receive the tax exemption for the five (5) minor children. 4. The Plaintiff will pay his Discover account in full, First American Visa in full, Beneficial Loan in full and Household Finance debt. 5. The Defendant will pay her Discover account in full, Sears, Montgomery Ward, her student loan and Ann Charion loan. 6. Plaintiff and Defendant shall split the annual costs of parochial school tuition for the minor children. 7. The court retains jurisdiction over the child support and spousal support orders."
On February 11, 1998, appellant Betty Moauro filed an appeal from the trial court's January 19, 1999, Judgment Entry (Case No. 99-CA-046). A Notice of Cross-Appeal was filed by appellee Joseph Moauro on February 18, 1999. Appellant, in her brief raises the following assignments of error:
I THE TRIAL COURT ABUSED ITS DISCRETION IN DENYING APPELLANT'S MOTION FOR SHARED PARENTING AND SHARED PARENTING PLAN.
II THE TRIAL COURT ERRED IN FAILING TO ENTER FINDINGS OF FACT AND CONCLUSIONS OF LAW WHEN IT DENIED APPELLANT'S MOTION FOR SHARED PARENTING AND SHARED PARENTING PLAN.
III THE TRIAL COURT ERRED WHEN IT ORDERED APPELLANT TO PAY CHILD SUPPORT PURSUANT TO DEFENDANT'S EXHIBIT 5 IN ITS OCTOBER 20, 1998 JUDGMENT ENTRY.
IV THE TRIAL COURT ERRED IN ORDERING APPELLANT TO PAY $210.00 PER MONTH PER CHILD FOR CHILD SUPPORT IN ITS NOVEMBER 18, 1998, AND JANUARY 19, 1999 JUDGMENT ENTRIES.
V THE TRIAL COURT ERRED IN ORDERING APPELLANT TO PAY SPOUSAL SUPPORT IN THE AMOUNT OF $250.00 PER MONTH IN ITS OCTOBER 20, 1998 JUDGMENT ENTRY AND $200.00 PER MONTH IN ITS NOVEMBER 18, 1998 AND JANUARY 19, 1999 JUDGMENT ENTRIES.
VI THE TRIAL COURT ERRED IN FAILING TO DIVIDE ALL OF THE PARTIES' MARITAL ASSETS AND DEBT.
Appellee, with respect to his cross appeal, raises the following assignment of error:
THE TRIAL COURT ABUSED ITS DESCRETION [SIC] BY MODIFYING ITS ORIGINAL ORDER OF OCTOBER 20, 1998, WITHOUT ANY NEW EVIDENCE OR ANY MOTION BY THE APPELLANT.
CROSS-APPELLANT'S ASSIGNMENT OF ERROR I
Appellee, cross-appellant claims in his only assignment of error, that the trial court abused its discretion in modifying the child support, spousal support and debt allocation from its original order of October 20, 1998, to its subsequent order of November 19, 1998. Because we have previously found that the issue of child support is not yet ripe for review and that the issue of property and debt allocation cannot be determined because we have not been presented with a final appealable order, we find that appellee/cross-appellant's assignment of error is also not yet ripe for review.
By Edwards, J. Hoffman, P.J. and Farmer, J. concur
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