Kim v. Kim, Unpublished Decision (9-19-2003)
Kim v. Kim, Unpublished Decision (9-19-2003)
Opinion of the Court
{¶ 2} John Kim and Sandra Kim were divorced on December 10, 1998, after almost 30 years of marriage. Their assets were divided, and John was ordered to pay Sandra $85,000 a year in spousal support. John filed his motion to terminate spousal support 14 months after the final decree. He claimed that he had become destitute and without income. He contended he stopped paying support because one of his companies, K-Omega (Michigan), had filed for bankruptcy, so he no longer received a salary as president. He also argued that he was unable to work due to health problems.
{¶ 3} The motion to terminate support was denied, and John was found in contempt based on his lack of credibility and his attempt to "create a fiction of financial destitution." John alleges two assignments of error: "It was against the manifest weight of the evidence and an abuse of discretion for the trial court to deny plaintiff's motion for a termination or modification of spousal support"; "It was against the manifest weight of the evidence and an abuse of discretion for the trial court to find plaintiff in contempt and order conditions to purge the contempt which are unreasonable and where compliance is impossible."
{¶ 4} This court will not reverse a trial court's ruling on a motion to modify spousal support absent an abuse of discretion. Booth v.Booth (1989),
{¶ 5} This court will also not reverse the trial court in a motion to modify spousal support as against the manifest weight of the evidence if there is some competent, credible evidence to support the trial court's findings. Cesa v. Cesa, Coshocton App. No. 01 CA 12,2001-Ohio-1902; Krause v. Krause (Apr. 27, 1995), Cuyahoga App. No. 66809). See C.E. Morris Co. v. Foley Construction Co. (1978),
{¶ 7} At the June 19, 2001 hearing in support of his motion to modify, John testified that he decided to quit his job at K Omega (Michigan) and did not seek other employment because he has a "lien on his name" and any wages he would get would go to pay his creditors — including the Internal Revenue Service. He stated that he has $200 in his checking account and is being supported by his new wife, Sun-Hee Lee. He lives in his wife's house, and she pays for his Ford Explorer and Jaguar. Testimony also indicated that John owns 100 percent of Alpha K. Enterprise, 100 percent of Hi-Flo, 90 percent of K-Omega (Michigan), 80 percent of RIPAPSA — a Mexican Company, and 49 percent of K-Omega (Ontario). He flew to Mexico on a number of occasions to transport up to $9,999 in cash from banks that dealt with RIPAPSA. He receives his health care through K-Omega (Ontario). John and his son own a flocking patent, which produces income.
{¶ 8} As to John's alleged health problems, testimony indicated that he has taken trips to Kenya with his church for construction purposes. John contended, however, that his role was mainly supervisory; the implication being, that as a supervisor, his health would suffer no ill effects. That contention is interesting because testimony also indicated that John's role in his various companies was as a supervisor. In fact, his son, the 51 percent owner of K-Omega (Ontario), regularly talked with his father about the running of the company, and he stated that his father "has total authority if he wants to exercise it" over K-Omega (Ontario). The argument, therefore, that John could not work at his companies because of his alleged health problems is not borne out by the record.
{¶ 9} The record also supports the trial court's findings that John Kim is "a sophisticated businessman" who has "accumulated substantial assets" through his five companies and has "shown himself to be very adept at moving assets and income between his business entities." Therefore, the mere fact that John is no longer receiving a salary from K-Omega (Michigan) — after he voluntarily ended his role as president — does not change the financial picture that was presented at the time of the divorce. John's first assignment of error is found not well-taken.
{¶ 11} Contempt for non-payment of spousal support is governed by R.C.
{¶ 12} The trial court properly denied John's motion to modify spousal support, and it properly found him in contempt for not paying his spousal support obligation. Appellant's two assignments of error not being well-taken, the judgment of the Lucas County Court of Common Pleas, Domestic Relations Division is affirmed. Appellant is ordered to pay the court costs of this appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.