Bryant v. Bryant, Unpublished Decision (1-26-2001)
Bryant v. Bryant, Unpublished Decision (1-26-2001)
Opinion of the Court
OPINION
Defendant-appellant Curtis J. Bryant appeals the February 18, 2000 Judgment Entry of the Coshocton County Court of Common Pleas which adopted the October 14, 1999 Magistrate's Decision and overruled appellant's objections to said Decision. Plaintiff-appellee is Wanda J. Bryant.To allow for potential change of circumstances on the part of either party, the court specifically retains authority to modify the amount and terms of spousal support pursuant to R.C.
* * * Husband is able to continue his employment * * *. He has no reason to believe that his job will be terminated or that he would be seeking employment elsewhere. Other than voluntary action on his part, there is no reason to believe that husband's employment will not continue. Husband has the ability to continue to earn at the same level as he has in the past.
* * * He is not currently under the care of any treating physician or health care provider. He is physically, mentally, and emotionally capable of continuing his employment and despite his stated desire to retire on August 1, 1997, [at age 51] and will have his traditional employment with brother's mining company available to him.
July 30, 1997 Judgment Entry at 9-13.
On April 1, 1999, appellant filed his Motion to Terminate and/or Modify Spousal Support Obligation, alleging a substantial change of circumstances since the court had established the prior spousal support award. A magistrate conducted a hearing on the motion on May 26, 1999; June 7, 1999; and October 5, 1999. At the hearing, appellant testified his work had caused him to become exhausted, physically and emotionally, and had caused him to suffer depression and anxiety. Because of these factors, appellant retired on June 30, 1999, and moved to Kentucky. Further, appellant testified both parties contemplated his retirement at age 51, both before and at the time of the divorce. Gary Wolfgang, a clinical counselor for the Ohio Psychiatric Associates also testified at the hearing. Mr. Wolfgang treated appellant six times in the early part of 1999. Mr. Wolfgang opined appellant suffered from moderate depression. However, after appellant was treated with medication and therapy, Mr. Wolfgang noticed an improvement in his symptoms. In fact, appellant reported he went to work every day and was doing a good job. Mr. Wolfgang never made any recommendation appellant give up his job or that it was psychologically necessary for appellant to terminate his employment. In an October 14, 1999 Magistrate's Decision, the magistrate found appellant failed to prove a substantial change of circumstances since the decree of divorce. The magistrate noted appellant's work, though demanding, was the same or similar to appellant's work at the time of the divorce trial. The magistrate also noted appellant's testimony he had not enjoyed his job for the past ten years, but found this testimony created a question as to whether appellant's depression may have begun much sooner than the two years following the divorce. Notwithstanding the timing of the depression, the magistrate found appellant had been successfully treated for the depression and was physically and mentally able to work. Accordingly, the magistrate found appellant's retirement was an involuntarily decrease in his wages and did not constitute a substantial change of circumstances. In a February 18, 2000 Judgment Entry, the trial court overruled appellant's objections to the magistrate's decision and adopted the magistrate's October 14, 1999 Decision. It is from this judgment entry appellant prosecutes his appeal, assigning the following error:
THE TRIAL COURT'S DECISION NOT TO MODIFY AND/OR TERMINATE THE APPELLANT'S SPOUSAL SUPPORT OBLIGATION IS CONTRARY TO LAW, CONSTITUTES AN ABUSE OF DISCRETION BY THE TRIAL COURT, AND IS NOT SUPPORTED BY AND IS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.
The February 18, 2000 Judgment Entry of the Coshocton County Court of Common Pleas is affirmed.
Hoffman, J. Gwin, P.J. and Wise, J. concur
Case-law data current through December 31, 2025. Source: CourtListener bulk data.