Wheeler v. Wheeler, Unpublished Decision (12-12-2001)
Wheeler v. Wheeler, Unpublished Decision (12-12-2001)
Opinion of the Court
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made: Appellant, John Wheeler, appeals from the judgment entered in the Medina County Court of Common Pleas, Domestic Relations Division. We affirm in part and reverse in part.
THE TRIAL COURT ERRED IN FINDING THAT SPOUSAL SUPPORT IS "APPROPRIATE AND REASONABLE" AND THE TRIAL COURT DID NOT CONSIDER "ALL OF THE SPOUSAL SUPPORT FACTORS" IN MAKING ITS ORDER.
Mr. Wheeler asserts that, as there is not a specific finding in the divorce decree as to each statutorily enumerated factor, the trial court failed to properly address R.C.
An appellate court will not overturn a spousal support award unless the award is unreasonable, arbitrary, or unconscionable. Kahn v. Kahn
(1987),
In making a spousal support determination, the trial court must consider the fourteen factors set forth in R.C.
Unlike the statute concerning property division, R.C.
3105.18 does not require a lower court to make specific findings of fact regarding spousal support awards. R.C.3105.18 (C)(1) does set forth fourteen factors the court must consider, however, in determining if spousal support is appropriate and reasonable. If the court does not specifically address each factor in it's [sic] order, a reviewing court will presume each factor was considered, absent evidence to the contrary. Cherry v. Cherry (1981),66 Ohio St.2d 348 ,356 .
Schrader v. Schrader (Jan. 21, 1998), Medina App. No. 2664-M, unreported, at 5.
Mr. Wheeler states that it was error for the trial court not to make a specific finding in the divorce decree as to each statutorily enumerated factor. In the present case, the trial court did not specifically address each individual factor within R.C.
THE TRIAL COURT ERRED IN FINDING THAT $11,000.00 WAS THE SEPARATE PROPERTY OF WIFE AND THAT IT WAS INVESTED INTO THE "COUPLE'S FUNDS" AND THAT WIFE IS ENTITLED TO THIS SUM FROM THE RAYMOND JAMES ACCOUNT.
Mr. Wheeler avers that the trial court erred in finding that $11,000 was the separate property of Ms. Wheeler and awarding her $11,000 out of the couple's martial funds. Specifically, Mr. Wheeler avers that Ms. Wheeler provided no evidence that the money was her separate property. He additionally asserts that the $11,000 was spent by Ms. Wheeler and never commingled with the other invested funds of the marriage. Further, he contends that, in the first place, without considering whether such money became commingled with other funds of the marriage, the trial court should have considered the full amount to be marital property as the accident happened during the marriage. We agree that Ms. Wheeler failed to produce sufficient evidence to trace the settlement.
Under R.C.
By statutory definition, R.C.
Mr. Wheeler asserts that the trial court erred when it found that $11,000 was the separate property of Ms. Wheeler, as Ms. Wheeler provided no evidence to support her claim to the money.2 Mr. Wheeler essentially contends that Ms. Wheeler failed to meet her burden to trace the proceeds from the automobile accident, which occurred in 1989, to the couple's marital funds. Upon reviewing the evidence, this court notes that both Mr. and Ms. Wheeler stated throughout the trial that they were uncertain as to what they did with the proceeds from the automobile accident. At trial, Ms. Wheeler testified that she was uncertain as to the amount of the settlement that remained once she paid her expenses. Further, she did not know what happened to the check, made payable to both Mr. and Ms. Wheeler, from the insurance agency because Mr. Wheeler handled the family's money throughout the marriage. Mr. Wheeler admitted that he handled the family's investments during the marriage but testified that he could not remember what happened to the money, an amount of $11,000, from the insurance proceeds. When questioned, he testified that the money probably went into a joint checking account that he and Ms. Wheeler shared. He also stated that, in 1994, Ms. Wheeler became angry with him and took all of their money out of the joint checking account. According to Mr. Wheeler, Ms. Wheeler kept all of that money for herself except $1,000.
Upon a thorough review of the record, we find that the trial court erred in awarding the $11,000 to Ms. Wheeler as her separate property, as there was no evidence presented to sustain the judgment. Ms. Wheeler, who had the burden of tracing the commingled funds to prove their character as separate property, admitted that she was neither sure of the amount that remained from the settlement nor where the proceeds from the settlement were placed. Mr. Wheeler further testified that he too was unsure as to what happened to the money. While he stated that it probably went into the joint checking account, he then added that Ms. Wheeler had taken all of the money out of the checking account. We, therefore, conclude that there was no evidence upon which the trial court could arrive at the decision that Ms. Wheeler had met her burden of proof, by a preponderance of the evidence, to trace the settlement to her separate property. Mr. Wheeler's second assignment of error is sustained.
THE TRIAL COURT ERRED IN FINDING AND ORDERING THAT THE BALANCE OF THE AFORESAID RAYMOND JAMES ACCOUNT WAS MARITAL PROPERTY AND SHALL BE DIVIDED EQUALLY * * *, AFTER THE $10,000.00 DEDUCTION FOR HUSBAND'S SEPARATE PROPERTY * * * AND WIFE'S SEPARATE PROPERTY[.]
Mr. Wheeler avers that the trial court erred when it found that only $10,000 in an account was his separate property. Specifically, he asserts that the trial court should have awarded him the interest which accrued while the $10,000 was invested in a premarital IRA and, subsequently, in the Raymond James account. We agree.
Marital property includes "all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either or both of spouses that occurred during the marriage[.]" R.C.
In this case, both Mr. Wheeler and Julie Chrisman, Mr. Wheeler's wife from a previous marriage, testified that, as a result of their divorce in 1988, Mr. Wheeler kept $10,000 from IRA contributions that he had made between 1980 and 1984. Mr. Wheeler further testified and submitted documentation at trial that, in 1992, he invested the money, which had grown to approximately $13,000, into the Raymond James account. He asserts that, by this current date, the funds would have grown even larger due to passive income and appreciation which accrued on his separate property since 1992.
We find that the trial court did not follow the dictates of the statute and give Mr. Wheeler credit for the appreciation which accrued since the initial investment in the separate property which he acquired prior to the marriage. Ms. Wheeler has no interest in the passive income and appreciation of the separate property of Mr. Wheeler. Accordingly, Mr. Wheeler's third assignment of error is sustained.
Judgment affirmed in part, reversed in part, and cause remanded.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Medina, State of Ohio, 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 both parties equally.
Exceptions.
SLABY, J., WHITMORE, J. CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.