Hiday v. Hiday, Unpublished Decision (7-10-2006)
Hiday v. Hiday, Unpublished Decision (7-10-2006)
Opinion of the Court
{¶ 2} The parties were married on July 26, 1975. During the marriage, two daughters were born. The older daughter has been emancipated, but the younger daughter was a minor at the time of the divorce. Robyn left the marital residence in March 2004. Citing incompatibility, Ted filed a complaint for divorce on March 15, 2004. The parties established their own property settlement agreement, apparently with the assistance of counsel, which was filed on March 31, 2005. A final hearing was held on April 11, 2005 to address the issues of spousal support and child support. The magistrate heard testimony from five witnesses, Ted moved seven exhibits into evidence, Robyn moved ten exhibits into evidence, and the parties moved a joint exhibit into evidence.
{¶ 3} The magistrate filed her decision on May 23, 2005. The magistrate accepted the parties' property settlement agreement, ordered Robyn to pay child support in the amount of $184.00 per month, and ordered Ted to pay spousal support in the amount of $1,350.00 per month for 87 months, or 7.25 years. Magis. Decision, May 23, 2005, at 11, ¶¶ 3, 5, 9. The magistrate retained jurisdiction over the amount of the award, but not the duration. Id. at 12, ¶ 9. On August 22, 2005, Robyn filed objections to the magistrate's decision. Robyn challenged the amount and duration of spousal support and one of the magistrate's evidentiary rulings. Robyn requested spousal support in the amount of $3,000.00 per month until the parties' minor child has graduated, then $4,000.00 per month until she is eligible for Social Security. On January 18, 2006, the trial court adopted the magistrate's findings and overruled Robyn's objections, finding that the magistrate's decision was not against the manifest weight of the evidence. On January 23, 2006, the trial court filed a decree of divorce. Robyn appeals the trial court's decision and asserts the following assignments of error:
The Court erred in determining defendant's and plaintiff'snecessary living expenses in the future. The Court erred in determining and applying a differentstandard of living for each of the parties established during themarriage. The Court demonstrated bias and prejudice against defendant,which demonstrably affects adversely the amount and term ofspousal support awarded to her. The Court erred in determining the physical and medicalcondition of defendant and her ability to work full time atminimum wage. The Court erred in allowing the unqualified opinion of ScottGels, licensed only as an occupational therapist, the admissionof Plaintiff's Exhibit 9, and in failing to rule on defendant'sobjections to said testimony and exhibit. The Court erred in failing to consider the testimony of Dr.Hubbell and also in failing to attempt to differentiate and/orreconcile the testimony of Dr. Hubbell and Scott Gels. The Court improperly considered plaintiff's financialobligations after divorce, in spite of the agreement of theparties adopted by the Court that the division of property wasfair and equitable and also that the plaintiff would pay theindebtedness owed to his parents. The award of spousal support by the lower court is arbitraryand capricious and lacks sufficient reasoned basis and detail toenable this reviewing court to determine whether it is fair,equitable and in accordance with the law.
{¶ 5} In response to the fourth assignment of error, Ted contends that the magistrate and the trial court considered Hubbell's recommendation, as evidenced in their respective opinions. Ted argues there is sufficient evidence in the record to support the magistrate's findings. In response to the fifth assignment of error, Ted contends the magistrate ruled on Robyn's objections as to Gels' testimony during the hearing, and in response to the sixth assignment of error, Ted essentially contends that the trial court did not err in weighing the evidence and determining witness credibility.
{¶ 6} The trial court has broad discretion to admit or exclude evidence. Winkler v. Winkler, 10th Dist. Nos. 02AP-937 and 02AP-1267, 2003-Ohio-2418, at ¶ 79 (quoting Krischbaum v.Dillon (1991),
{¶ 7} In this case, we cannot find that the trial court abused its discretion by considering Gels' testimony because Robyn has not been prejudiced by the magistrate's findings. Robyn specifically objects to finding 74 of the magistrate's decision, which states, "[t]he Magistrate has prepared a child support
calculation worksheet in accordance with Ohio Revised Code Section
Defendant is also reminded as child support obligor, shemay be ordered to seek work. The Magistrate finds that she isable to work, though it may be part-time. She is still ableto earn wages at the annual minimum wage rate of $10,712.00. Solong as she is current in her child support and continues toreceive substantial investment income and her spousal support,it will not be necessary for her to seek employment. * * *
Id. at p. 11, ¶ 8 (emphasis added). Robyn's objections on appeal relate to the award of spousal support. The magistrate statements concerning Robyn's physical ability, or inability, to work are limited to the analysis of child support. Furthermore, even in the context of child support, the trial court did not impute any income to Robyn, nor did it require her to work. Therefore, even if the trial court improperly admitted Gels' testimony, Robyn has not been prejudiced thereby, and the trial court has not abused its discretion. The fourth, fifth, and sixth assignments of error are overruled.
{¶ 9} Ohio's trial courts have broad discretion in awarding spousal support. Henderson v. Henderson, 3rd Dist. No. 10-03-05, 2003-Ohio-2709, at ¶ 5 (citing Kunkle v. Kunkle
(1990),
{¶ 10} Despite the trial court's discretion in awarding spousal support, the court is bound to consider certain statutory factors. See R.C.
(a) The income of the parties, from all sources, including,but not limited to, income derived from property divided,disbursed, or distributed under section
R.C.
{¶ 11} Having previously resolved the issue of Robyn's ability, or inability, to work, we will not discuss those portions of Robyn's argument. As to the issue of cohabitation, the magistrate specifically stated, "[a]s to her living expenses, she indicates that she pays $500.00 per month in rent to Richard Pettimore, so that she may cohabit with Richard and his wife, Linda." Magis. Decision, at 2, ¶ 11. We cannot see how the magistrate's assessment could be construed as "nothing less than an unwarranted and unnecessary dig at defendant[.]" As to Robyn's employment history, while the trial court may have mischaracterized caring for a grandmother as employment in nursing care, Robyn was not prejudiced as a result of those statements. The overriding factor in Robyn's work history is that she has limited experience due to holding only a few jobs, each of which were for relatively brief periods of time and each of which required no specialized skills.1
{¶ 12} In alleging that the trial court was biased, Robyn points specifically to the following statement of the magistrate:
[c]redibility is always at issue herein. Judging from thedemeanor, body language, and actual testimony of Robyn, itappears that she believes that spousal support is an entitlement.Robyn has had the benefit of being a stay-at-home mom for manyyears. For many, this is a luxury. Robyn has not had significanthealth problems, until after this divorce case was commenced.Further, it appears that she is making no effort to supportherself until this Court has ruled on the issue of spousalsupport. Further, though it is not financial misconduct, it mustalso be taken into consideration that she is now requesting herhusband to support her financial habits, that he did not agreeupon. She voluntarily gave away $9,000.00 as gifts, and yet sherequests spousal support from her husband because she does notwant to work. If one is truly unable to work and is as destituteas Robyn would want this Court to believe, then one does not giveaway $9,000.00 in gifts to anyone or any organization, whether ornot it is church-affiliated.
Magis. Decision, 10, ¶ n. This statement was included under the court's analysis of R.C.
{¶ 14} The facts are undisputed that the parties resolved the property settlement on their own. Robyn raises specific objection to Ted's expenses that resulted from the property settlement and a loan made by Ted's parents, which his mother requested him to repay while the divorce was pending. Aside from referencing the magistrate's findings, Robyn has failed to cite any portion of the transcript that would support her argument. See App.R. 16(D).
{¶ 15} R.C.
{¶ 17} In response to the first assignment of error, Ted contends Robyn's arguments are not based on evidence in the record, and although the parties presented conflicting evidence, the trial court determines credibility. Ted contends most of Robyn's expenses were speculative. As to the second assignment of error, Ted argues that Robyn's expenses were based on unknown expenses for events that may happen in the future, and as to the eighth assignment of error, Ted contends that the magistrate's decision satisfied the requirements of R.C.
{¶ 18} The magistrate issued a 12 page decision in this matter. The decision includes approximately 70 paragraphs in which the magistrate issued findings of fact. In addition, the magistrate wrote an additional 14 paragraphs in which it made findings of fact specific to each statutory factor. Again, Robyn has not cited any part of the transcript to contradict the magistrate's findings. App.R. 16(D). The trial court found that the magistrate's decision was not against the manifest weight of the evidence because the magistrate had considered the R.C.
{¶ 19} We cannot find that the trial court abused its discretion in awarding spousal support in the amount of $1,350.00 per month. The trial court was confronted with conflicting evidence, but it was in the best position to weigh the evidence and assess witness credibility. Furthermore, the trial court adopted the magistrate's findings, which provide sufficient findings and conclusions for purposes of review. In reaching our decision, we note that the trial court reserved jurisdiction as to amount so it could adjust spousal support in the event of changed circumstances. The first, second, and eighth assignments of error are overruled.
{¶ 20} The judgment of the Mercer County Common Pleas Court, Domestic Relations Division, is affirmed.
Judgment Affirmed. Rogers and Shaw, JJ., concur.
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