Campbell v. Campbell, Unpublished Decision (6-12-2000)
Campbell v. Campbell, Unpublished Decision (6-12-2000)
Opinion of the Court
In 1997, appellant filed a complaint for divorce. The trial court terminated the parties' marriage and divided the marital assets and liabilities. The trial court ordered that the marital residence be sold at auction and that the proceeds be divided after the mortgage and associated debts were paid. The trial court ordered that an offset be made for the value of appellee's pension and for property taken and concealed by appellant. The trial court further ordered that appellee pay certain medical bills incurred by appellant and pay appellant $275 per month spousal support for an indefinite period.
Assignment of Error No. 1:
THE TRIAL COURT COMMITTED AN ABUSE OF DISCRETION IN FINDING FINANCIAL MISCONDUCT ON THE PART OF THE PLAINTIFF.
In her first assignment of error, appellant contends that the trial court erred by finding that she committed financial misconduct by removing marital property from the home and then attempting to conceal its existence.
A trial court has discretion to equitably divide marital property. Baker v. Baker (Apr. 7, 1997), Butler App. No. CA96-10-216, unreported, at 5, citing Cherry v. Cherry (1981),
Pursuant to R.C. 3105.17.1(E)(3), financial misconduct includes the dissipation, destruction, concealment or fraudulent disposition of marital assets. Upon finding financial misconduct, the trial court may compensate the offended spouse with a distributive award, or with a greater award of marital property. In the present case, appellee testified that furniture and other household items were missing from the marital residence. The parties' son testified that he witnessed appellant and a male companion removing furniture from the residence. He also testified that appellant later requested his help in moving the furniture a second time. However, appellant testified that she did not remove anything from the marital residence, and did not know what happened to any of the disputed items.
The trial court is in the best position to evaluate evidence and assess the credibility of witnesses. Schneider at 2, citingOstendorf-Morris Co. v. Slyman (1982),
While the trial court has discretion to determine that a spouse engaged in financial misconduct, the trial court must indicate the basis for a distributive award with sufficient detail to enable the appellate court to determine that the award is fair, equitable, and in accordance with law. R.C. 3105.17.1(G); Huenerv. Huener (1996),
The distributive award in appellee's favor is vacated and this matter is remanded to the trial court for the limited purpose of determining the appropriate amount of the distributive award due appellee, based on the value of the property taken and concealed by appellant.
Assignment of Error No. 2:
THE TRIAL COURT COMMITTED AN ABUSE OF DISCRETION IN THE AWARDING OF SPOUSAL SUPPORT IN AN INSUFFICIENT AMOUNT.
In her second assignment of error, appellant contends that the trial court erred in its determination of a reasonable and appropriate award of spousal support.
R.C.
Appellant contends that the trial court failed to appropriately consider the statutory factors. We disagree. Upon review of the trial court's entry, we find that the trial court properly considered the factors set forth in R.C.
The testimony established that the parties were married approximately thirty-five years and are the same age. During the marriage, appellee was continuously employed by Armco and later by Steelox. Appellee's annual income is approximately $25,000. Appellee receives retirement benefits through Armco which are divided equally between the parties. Appellant worked sporadically throughout the marriage and accrued no retirement benefits of her own. She was most recently employed by Airborne Express earning $6.34 per hour. Both parties testified to having numerous health problems which affect their abilities to work. Although both parties will be eligible for social security benefits, no evidence was presented to establish the value of the benefits. During the marriage, the parties did not maintain an extravagant lifestyle. Although the parties owned their home, it was heavily mortgaged.
Contrary to appellant's position, the trial court is not required to comment on each factor of R.C.
Assignment of Error No. 3:
THE TRIAL COURT COMMITTED AN ABUSE OF DISCRETION IN AWARDING THE PLAINTIFF/APPELLANT NO ATTORNEY FEES.
In her final assignment of error, appellant contends that the trial court erred by failing to award her attorney fees. The decision whether to award attorney fees rests with the sound discretion of the trial court. Balog v. Balog (June 6, 1997), Warren App. Nos. CA96-08-077, CA96-08-081, CA96-09-086, unreported, at 5, citing Rand v. Rand (1985),
Pursuant to R.C.
Judgment is affirmed in part, reversed in part and remanded for further proceedings according to law.
WALSH and VALEN, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.