Sullivan v. Sullivan, Unpublished Decision (9-29-2000)
Sullivan v. Sullivan, Unpublished Decision (9-29-2000)
Opinion of the Court
Appellant, Daniel Sullivan, and appellee, Marcia Sullivan, were married on September 27, 1973. The marriage produced four children. Two of the children are now adults and one child died at birth. The one remaining child, Lauren, a minor, is severely handicapped. She cannot walk, talk or feed herself; thus, her condition requires that she receive twenty-four hour care.
On December 9, 1996, appellee filed a complaint for divorce; appellant answered and counterclaimed. Divorce proceedings were held and on November 16, 1999, the trial court entered a final judgment entry, granting both parties a divorce. Based on evidence presented, the trial court determined that the minor child was incapable of becoming self-sufficient and found that appellant had a duty to pay child support beyond the child's age of majority. Appellee was appointed as the minor's residential and legal custodian, and appellant was granted visitation and companionship rights. Appellant was ordered to pay child support in the amount of $758.62 per month.The trial court also awarded appellee spousal support in the amount of $1,000 monthly and attorney fees in the amount of $4,000. It is from this judgment that appellant appeals, setting forth the following three assignments of error:
"I. THE TRIAL COURT ABUSED ITS DISCRETION IN EXPANDING THE KUNKLE FACTORS AND AWARDING APPELLEE SPOUSAL SUPPORT FOR WHAT AMOUNTS TO AN INDEFINITE PERIOD OF TIME.
"II. THE TRIAL COURT ERRED BY DEVIATING FROM THE CHILD SUPPORT GUIDELINES UNDER THE FACTS OF THIS CASE.
"III. THE TRIAL COURT ERRED BY AWARDING APPELLEE ATTORNEYS' FEES."
Appellant maintains that the court's judgment constituted an abuse of discretion. That judgment cannot be disturbed on appeal absent a showing that the court abused its discretion. Koegel v. Koegel
(1982),
This court recognizes that the modern trend favors terminating spousal support on a definite date. However, in cases involving a marriage of long duration, parties of advanced age or a homemaker-spouse with little opportunity to develop meaningful employment outside the home, spousal support may be awarded for an indefinite time. Kunkle v. Kunkle (1990),
"(c)The court shall not order an amount of child support that deviates * * * from the use of the basic child support schedule * * *, unless both of the following apply:
"(i)The court, after considering the factors and criteria set forth in division (B)(3) of this section, determines that the amount calculated pursuant to the basic child support schedule and pursuant to the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, would be unjust or inappropriate and would not be in the best interest of the child;
"(ii)The court enters in the journal the amount of child support calculated pursuant to the basic child support schedule and pursuant to the applicable worksheet in division (E) of this section, through line 24, or in division (F) of this section, through line 23, its determination that that amount would be unjust or inappropriate and would not be in the best interest of the child, and findings of fact supporting that determination."
R.C.
R.C.
The judgment of the Lucas County Court of Common Pleas, Domestic Relations Division is affirmed. The cost of this appeal is assessed to appellant.
JUDGMENT AFFIRMED.
"(a)Special and unusual needs of the child; "* * * "(b)Extraordinary obligations for minor child or obligations for handicapped children who are not stepchildren and who are not offsprings from the marriage or relationship that is the basis of the immediate child support determination; "* * * "(j)Significant in-kind contributions from a parent, including, but not limited to, direct payment for lesson, sports equipment, schooling, or clothing."
"(H)In divorce or legal separation proceedings, the court may award reasonable attorney's fees to either party at any stage of proceedings, including, but not limited to, any appeal, any proceedings arising from a motion to modify a prior order or decree, and any proceeding to enforce a prior order or decree, if it determines that the other party has the ability to pay the attorney's fees that the court awards. When the court determines whether to award reasonable attorney's fees to any party pursuant to this division, it shall determine whether either party will be prevented from fully litigating the party's rights and adequately protecting that party's interests if it does not award reasonable attorney's fees."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.