Flesher v. Flesher, Unpublished Decision (11-24-2004)
Flesher v. Flesher, Unpublished Decision (11-24-2004)
Opinion of the Court
{¶ 3} Based on its findings, the magistrate recommended a child support award of $466.53 per month and a spousal support award of $458.33 per month, all plus two percent interest, for a total of $951.74 per month. Ms. Flesher objected to this recommendation, and sought additional support. The trial court reviewed the record and adopted the magistrate's recommendation, thereby denying Ms. Flesher's objections.
{¶ 4} Ms. Flesher now appeals from the trial court's decision on the amount of spousal support. She asserts a single assignment of error for review.
{¶ 5} Ms. Flesher asserts that the trial court erred in its award of spousal support, alleging that the trial court erroneously departed from the statutory scheme in utilizing a financial plan and in refusing to award more money, despite Ms. Flesher's demonstrated need, by recognizing that the resulting award equalized the incomes of the parties. We disagree.
{¶ 6} Decisions regarding the spousal support obligations are within the discretion of the trial court and will not be disturbed without an abuse of discretion. Bisker v. Bisker
(1994),
{¶ 7} The spousal support statute, R.C.
{¶ 8} Ms. Flesher's assignment of error is overruled.
Judgment affirmed.
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 Summit, 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). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30.
Costs taxed to Appellant.
Exceptions.
Beth Whitmore, P.J., Baird, J., Concur.
(Baird, J., retired, of the Ninth District Court of Appeals, sitting by assignment pursuant to, § 6(C), Article IV, Constitution.)
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