Hodges v. Hodges

130 N.E.3d 891, 2019 Ohio 552
CourtCourt of Appeals of Ohio, Fourth District, Pickaway County
DecidedFebruary 6, 2019
DocketNo. 18CA8
StatusPublished

This text of 130 N.E.3d 891 (Hodges v. Hodges) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Fourth District, Pickaway County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hodges v. Hodges, 130 N.E.3d 891, 2019 Ohio 552 (Ohio Super. Ct. 2019).

Opinion

Hoover, J.

{¶1} Kathy A. Hodges ("appellant") appeals from a judgment entry of the Pickaway County Court of Common Pleas granting a divorce from her former husband, Mark W. Hodges ("appellee"). Appellant contends that the trial court erred by (1) failing to award spousal support for an indefinite time period; and (2) failing to reserve jurisdiction to modify the spousal support award. For the following reasons, we affirm the judgment of the trial court in part, reverse in part, and remand this matter to the trial court for further proceedings.

I. Facts and Procedural History

{¶2} Appellant and appellee were married on December 11, 1993, and have two sons born the issue of the marriage. One son is emancipated, while the other is a high school student. The couple separated in August 2016. Appellant testified that she did not ask for a divorce, and did not want a divorce, but on December 6, 2016, she filed for divorce at appellee's request.

{¶3} At the time of the final divorce hearing appellant was approximately 55 years old; and appellee was approximately 48 years old. At the time of separation and divorce both parties were in good health.

{¶4} Appellee is a medical doctor with a base salary of $ 190,000. In 2016, he earned bonuses totaling $ 11,200. At the time of the final divorce hearing he anticipated making between $ 8,000 and $ 10,000 in bonuses for 2017. Appellee also receives additional income in the amount of $ 500 per month as the medical director of a nursing home. In contrast, appellant last worked outside of the home in the late 1990s as a medical assistant with the Red Cross. Appellant is a Licensed Practical Nurse ("LPN") and has kept her LPN license and continuing education requirements current, even though she has not worked full-time in the medical field since the 1990s.

{¶5} In 1999, shortly after the birth of their eldest son, the couple agreed that appellant should cease working in the medical field in order to work as a "stay at home" mother. Since that time, appellant has only worked sporadically, doing work at appellee's medical practice as "office manager" from time to time. Specifically, appellant testified that she only worked at *894the office if one of appellee's employees called off work, and that she was also responsible for paying the office bills. In all, appellant estimated that she worked approximately an hour a week in the medical practice; and earned compensation at the rate of $ 200 every two weeks and payment into a retirement account. Appellant held the title of office manager until 2014.

{¶6} Following a hearing at which both parties testified, a magistrate's decision was released in December 2017. Of relevance to the instant appeal, the magistrate recommended that the parties be granted a divorce on the ground of incompatibility, and that appellant be awarded spousal support in the amount of $ 3,000 per month beginning January 1, 2018 and continuing for the next 84 months. The magistrate's decision also recommended that: "This Court should not reserve jurisdiction to make modifications to this spousal support award." Both parties filed objections to the magistrate's decision. The trial court issued a decision on the objections to the magistrate's decision in February 2018, ordering that appellant should receive spousal support in the amount of $ 4,000 per month, but likewise setting a termination date for such support following 84 months. These findings were later incorporated by the trial court into a Decree of Divorce entered on May 9, 2018. The Decree of Divorce also states that: "This Court shall not reserve jurisdiction to make modifications to this spousal support award."

{¶7} Appellant filed a timely notice of appeal.

II. Assignments of Error

{¶8} Appellant assigns the following errors for our review:

Assignment of Error No. 1:

The Trial Court erred in its Divorce Decree by ordering that spousal support would terminate after 7 years, rather than being an award for an indefinite duration.

Assignment of Error No. 2:

The Trial Court erred by refusing to reserve jurisdiction to make modifications to the spousal support award.

III. Law and Analysis

{¶9} In her first assignment of error, appellant contends that the trial court erred and abused its discretion by only awarding her spousal support for 84 months, as opposed to an award for an indefinite period. Appellant claims that the facts of the instant case fit squarely within the holding of Kunkle v. Kunkle , 51 Ohio St.3d 64, 554 N.E.2d 83 (1990), and that the trial court, therefore, should have awarded her an indefinite term of support.

{¶10} Trial courts generally enjoy broad discretion to determine spousal support issues. Kunkle at 67, 554 N.E.2d 83. Consequently, an appellate court will not reverse a trial court's spousal support decision absent an abuse of discretion. Bechtol v. Bechtol , 49 Ohio St.3d 21, 24, 550 N.E.2d 178 (1990) ; Holcomb v. Holcomb , 44 Ohio St.3d 128, 131, 541 N.E.2d 597 (1989). "Abuse of discretion" has been defined as an attitude that is unreasonable, arbitrary or unconscionable. Huffman v. Hair Surgeon, Inc. , 19 Ohio St.3d 83, 87, 482 N.E.2d 1248 (1985).

{¶11} R.C. 3105.18(B) allows trial courts, upon a party's request and after property distribution, to award reasonable spousal support. R.C. 3105.18(C) states:

(1) In determining whether spousal support is appropriate and reasonable, and in determining the nature, amount, and terms of payment, and duration of spousal support, which is payable either in gross or in installments, the court shall consider all of the following factors:
*895(a) The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed under section 3105.171 of the Revised Code ;

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130 N.E.3d 891, 2019 Ohio 552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodges-v-hodges-ohctapp4pickawa-2019.