Workman v. Workman, Unpublished Decision (9-24-2002)
Workman v. Workman, Unpublished Decision (9-24-2002)
Opinion of the Court
OPINION
{¶ 1} Appellant, Donald Workman, appeals the February 12, 2002 judgment entry of the Common Pleas Court of Marion County, Ohio, Domestic Relations Division, ordering him to pay $1600.00 per month in spousal support to the appellee, Della Workman, on a permanent basis.{¶ 2} Donald Workman filed for a complaint for divorce from Della Workman on January 25, 2001. One year later, the matter came on for hearing. At the time of the hearing, the parties stipulated that Della was totally and permanently disabled and receiving Social Security benefits. In addition, the parties stipulated that Donald's income, as later reflected in his 2000 tax return, from his employment was $52,820.00. The parties also reached various other agreements, leaving only the issues of spousal support and attorney's fees.
{¶ 3} The trial court filed its judgment entry/decree of divorce on February 12, 2002. The court ordered Donald to pay spousal support to Della in the amount of $1,600.00 per month subject only to Della's death, remarriage, or cohabitation. This appeal followed, and Donald now asserts two assignments of error, which this Court will address together.
{¶ 4} "The trial court below abused its discretion in awarding Defendant-Appellee a monthly spousal support award of $1,600 plus processing fee. See Decree of Divorce, p. 6-7."
{¶ 5} "The trial court below abused its discretion when it ordered the spousal support payments to be a permanent award. See Decree of Divorce, p. 7."
{¶ 6} The Revised Code authorizes a trial court to award a reasonable amount of spousal support when appropriate. See R.C.
{¶ 7} Donald maintains that the trial court failed to indicate the basis for its spousal support award in sufficient detail. We disagree. The first factor enumerated for the court's consideration is the income of the parties. R.C.
{¶ 8} The court also determined that Donald would be able to continue to accrue retirement benefits but that Della would not be able to likewise do so, a factor to be considered pursuant to R.C.
{¶ 9} However, when a trial court finds that spousal support is proper, such award must "be within the individual's ability to pay, but it must also leave that individual the means to maintain his own health and well-being by obtaining proper food, shelter and clothing, and it must not burden him to the extent his incentive to pay is destroyed." Munroev. Munroe (1997),
{¶ 10} The trial court found that Donald's income was $52,820.00 per year, based upon the stipulation of the parties as to his income for the years 2000 and 2001. The court then determined that his net annual income after taxes would be $37,800.00. The court awarded Della $1,600.00 per month, which is equal to approximately one-half of Donald's net income per month. Although Donald testified that his paychecks currently totaled approximately $2,100.00-$2,200.00 per month because his employer had stopped overtime hours, his tax returns from the previous two years do not reflect this and he presented no documentation by way of check-stubs or the like to support his testimony.
{¶ 11} As for the assumption of debt, the debt consists of the mortgage on the home, which was ordered to be sold, a loan on Donald's retirement account, which can be paid from the proceeds of that account, and a Ford F-150 pickup truck, which was also awarded to him. Thus, the debts assumed by him are not so substantial in light of all the facts before the court so as to prevent the award of spousal support in this amount. Therefore, we do not find that the trial court abused its discretion in awarding this amount of spousal support. Notably, the trial court retained jurisdiction over this matter should there be any change in the circumstances of the parties. Thus, if Donald's yearly income continues to decrease because he no longer receives overtime, he may make the proper motion to the trial court, requesting that court to lower the amount of spousal support accordingly.
{¶ 12} In addition, we do not find that the court abused its discretion in not establishing a fixed date for the termination of the spousal support obligation, given its findings that the marriage was of a long duration and the stipulation that Della is totally and permanently disabled. See Koepke v. Koepke (1983),
{¶ 13} For these reasons, the judgment of the Common Pleas Court of Marion County, Ohio, is affirmed.
Judgment affirmed. BRYANT and WALTERS, JJ., concur.
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