Warren v. Warren, Unpublished Decision (1-31-2001)
Warren v. Warren, Unpublished Decision (1-31-2001)
Opinion of the Court
Defendant-appellant, Fred Ray Warren, appeals the judgment of the Hamilton County Court of Common Pleas, Domestic Relations Division, ordering spousal support in a divorce action. For the following reasons, we affirm the judgment of the domestic relations court.
The record discloses that Mr. Warren and plaintiff-appellee, Christine Warren, were married in 1977. They separated in 1999, with Mrs. Warren remaining in the marital residence. Three children were born of the marriage, but, at the time of the decree, only two children remained unemancipated. The parties' son, Nicholas, was emancipated in June 2000, shortly after the entry of the divorce decree.
A magistrate presided over the property trial. The evidence indicated that, during the marriage, Mrs. Warren did not work outside of the home. At the time of the decree, however, she had begun making draperies at home and was grossing approximately $12,000 per year. At the time of the decree, Mr. Warren was working for a new employer and was earning $75,000 per year. Mr. Warren's highest salary during the marriage had been $89,000. The record also reflects that the parties had accumulated substantial credit-card debts during the marriage. At the time of the decree, they were merely servicing the interest payments on those debts.
On October 20, 2000, the magistrate issued her decision in which she equally divided the marital assets, allocated the marital debt and determined that Mrs. Warren was entitled to receive child and spousal support.1 Specifically, the magistrate recommended that she receive spousal support in the amount of $2,000 per month from September 2, 1999, until the sale of the marital residence, at which time, spousal support would decrease to $1,500 per month for the next sixty months. In arriving at her decision, the magistrate explicitly considered each of the factors set forth in R.C.
Mr. Warren filed objections to the magistrate's award of spousal support. The lower court held a hearing on those objections and modified the magistrate's award to reflect that Mr. Warren would be obligated to pay $1,500 per month as spousal support until June 2000, at which time he would be obligated to pay $2,000 per month.2
In his first assignment of error, Mr. Warren asserts that the lower court erred in the amount of spousal support it awarded to Mrs. Warren. In his second assignment of error, Mr. Warren contends that the amount and duration of spousal support were not supported by the evidence. Because these assignments raise similar issues, we discuss them together.
In determining the amount and duration of spousal support, the domestic relations court must consider the factors enumerated in R.C.
In the case at bar, the lower court did not abuse its discretion in arriving at its award of spousal support. Given the disparity in the parties' income levels, the duration of the marriage, and the standard of living that the parties enjoyed during the marriage, the award of $2,000 per month cannot be characterized as unreasonable, arbitrary, or unconscionable. Though Mr. Warren argues that the domestic relations court did not give due consideration to Mrs. Warren's needs and his own ability to pay, this contention is not supported by the record. As noted above, the magistrate specifically considered each of the factors of R.C.
We also find no merit in Mr. Warren's contention that the lower court relied on speculation, rather than evidence, in arriving at its award of spousal support. The record reflects that the court based its award on the evidence of the parties' relative incomes, standard of living, and other factors as demonstrated in the hearing before the magistrate. Although Mr. Warren argues, among other things, that Mrs. Warren's education and skills warranted the imputation of a greater income than the lower court calculated, our review of the record convinces us that the court's decision was in accordance with the evidence. If Mrs. Warren's income increases or other circumstances change, he may file a motion to modify with the domestic relations court, which has explicitly retained jurisdiction over the matter. Mr. Warren's two assignments of error are overruled, and the judgment of the lower court is affirmed.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
Gorman, P.J., Hildebrandt and Shannon, JJ.
Raymond E. Shannon, retired, of the First Appellate District, sitting by assignment.
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