Miller v. Miller, Unpublished Decision (11-15-2004)
Miller v. Miller, Unpublished Decision (11-15-2004)
Opinion of the Court
{¶ 3} The matter proceeded to final hearing on March 5, 2003, and June 11, 2003. Via Magistrate's Decision filed October 24, 2003, the magistrate recommended wife be granted a divorce on the grounds the parties had lived separate and apart for a period in excess of one year. The magistrate issued a recommended property division, which is not at issue herein. The magistrate ordered husband to pay spousal support to wife in the amount of $1,100/monthly for a period of nine years and six months, but would terminate upon the death of either party or upon the remarriage of wife. The magistrate further recommended husband pay $3,000 towards wife's attorney fees. Husband filed timely objections to the magistrate's decision. Via Judgment Entry/Decree of Divorce filed February 17, 2004, the trial court overruled husband's objections, and approved and adopted the magistrate's decision as order of the court.
{¶ 4} It is from this judgment entry husband appeals, raising the following assignments of error:
{¶ 5} "I. The trial court abused its discretion in awarding spousal support to the wife.
{¶ 6} "II. The trial court erred in awarding the wife attorneys fees of $3,000.00"
{¶ 8} As a general matter, we review the overall appropriateness of the trial court's award of spousal support under an abuse of discretion standard. Cherry v. Cherry (1981),
{¶ 9} R.C.
{¶ 10} "(a) The income of the parties, from all sources, * * *;
{¶ 11} "(b) The relative earning abilities of the parties;
{¶ 12} "(c) The ages and the physical, mental, and emotional conditions of the parties;
{¶ 13} "(d) The retirement benefits of the parties;
{¶ 14} "(e) The duration of the marriage;
{¶ 15} "(f) The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home;
{¶ 16} "(g) The standard of living of the parties established during the marriage;
{¶ 17} "(h) The relative extent of education of the parties;
{¶ 18} "(i) The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties;
{¶ 19} "(j) The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party's contribution to the acquisition of a professional degree of the other party;
{¶ 20} "(k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought;
{¶ 21} "(l) The tax consequences, for each party, of an award of spousal support;
{¶ 22} "(m) The lost income production capacity of either party that resulted from that party's marital responsibilities;
{¶ 23} "(n) Any other factor that the court expressly finds to be relevant and equitable."
{¶ 24} Specifically, husband argues the trial court failed to consider all of the factors set forth in R.C.
{¶ 25} In her conclusions of law, the magistrate specifically states, "The court has considered the factors set forth in Ohio Revised Code, Section
{¶ 26} Upon review, we find the trial court satisfied the requirements to provide its facts and reasons for awarding spousal support. Although the trial court did not specifically list each and every factor, we find the trial court considered the length of marriage, the earning abilities of the parties, the health of the parties, and the necessary living expenses. A trial court's decision not to acknowledge all evidence relative to each and every factor listed in R.C.
{¶ 27} Husband's first assignment of error is overruled.
{¶ 29} An award of attorney's fees lies within the sound discretion of the trial court. Rand v. Rand (1985),
{¶ 30} Wife submitted a bill from her attorney in the amount of $10,239.19. The trial court awarded attorney fees in the amount of $3,000. The trial court determined husband had the ability to pay wife's attorney fees. We find the trial court did not abuse its discretion in awarding appellee attorney fees in the case sub judice.
{¶ 31} Husband's second assignment of error is overruled.
{¶ 32} The judgment of the Stark County Court of Common Pleas, Domestic Relations Division, is affirmed.
Hoffman, P.J., Farmer, J. and Edwards, J. concur
Reference
- Full Case Name
- Bonnnie Miller v. Loren Miller
- Cited By
- 1 case
- Status
- Unpublished