Rosenfeld v. Rosenfeld

351 N.E.2d 181, 47 Ohio St. 2d 12, 1 Ohio Op. 3d 8, 1976 Ohio LEXIS 665

Opinions

Per Curiam.

The sole factor and consideration which distinguishes these cases from the analysis in Nokes v. Nokes (1976), 47 Ohio St. 2d 1, .decided this day, -is that such support order was formulated by incorporating parental separation agreements -into .the divorce decree. :■

Inasmuch as under Ohio law, a separation agreement of the parties-loses its nature, as a .contract the'moment it is adopted by the court and incorporated into a decree of divorce, we find that such distinguishing factor is of insufficient force to prevent the application hereto of the principles enunciated in N olees.

Therefore,-in light-of Nglees, the judgment in case No. 75-197 is affirmed and'the judgments in cases Nos. 75-144 and 75-482 are reversed.

Judgment affirmed in case No. 75-197-.

Judgments reversed in cases Nos. 75-144 and 75-482.

0 ’Neill,, C. J.," Potter, Stern, W.' Brown and P. Brown, JJ., concur.. . Corrigan and Celebrezze,-JJ., dissent. ■ Potter, J., of the Sixth Appellate District- .sitting fob Herbert, J. ,