Zeffe v. Zeefe

709 N.E.2d 208, 125 Ohio App. 3d 600
CourtOhio Court of Appeals
DecidedFebruary 2, 1998
DocketCase No. 69975.
StatusPublished
Cited by88 cases

This text of 709 N.E.2d 208 (Zeffe v. Zeefe) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zeffe v. Zeefe, 709 N.E.2d 208, 125 Ohio App. 3d 600 (Ohio Ct. App. 1998).

Opinion

Karpinski, Judge.

Plaintiff-appellant, Mary Zeefe, appeals from the judgment of the trial court, which granted Mary a divorce from her husband Roger S. Zeefe. On appeal, Mary argues that the trial court erred by (1) not indicating the basis for spousal support, (2) not properly calculating Roger’s child support obligation, (3) undervaluing Roger’s business, (4) not ordering Roger to pay interest on his portion of the property settlement, and (5) incorrectly awarding attorney fees. In response, Roger contests these assignments and raises his own cross-assignments of error, which argue that the trial court erred by (1) awarding any spousal support at all, (2) not imputing potential income to Mary, (3) awarding any attorney fees, (4) awarding Mary the marital residence, and (5) failing to specifically award substantial portions of the marital property to either Mary or Roger. For the reasons that follow, we find merit to Mary’s first and fifth assignments in whole and second assignment in part, as well as Roger’s first, third, and fifth cross-assignments of error. We therefore remand the cause in order for the trial court *605 to make a complete and specific division of all the marital property and to specify the factors used to determine the amount of spousal support.

Roger and Mary were married on June 4, 1982. One child, Ryan, was born to the couple during the marriage. In 1989, Roger became sole shareholder of One Stop Auto Parts, Inc. This business did quite well and allowed the parties to enjoy a lifestyle which included a home in Shaker Heights, country club membership, and a collection of expensive antiques and porcelain, as well as other amenities. Mary worked part-time and earned $23,000 a year.

Mary filed for divorce on August 19, 1993. Eleven months later, the parties filed a shared parenting plan which was adopted by the trial court. The case proceeded to trial in November 1994 and continued off and on until November 1995. After the trial court issued its judgment entry, Mary timely appealed.

A. Spousal Support

Mary’s first assignment states as follows:

“I. The trial court erred and abused its discretion by not indicating the basis for its spousal support award.”

Rogers first cross-assignment concerns the same issue of spousal support and states as follows:

“I. The trial court erred and abused its discretion by not indicating the basis for its spousal support award and, further, the trial court properly addressed the issue of temporary support.”

In both assignments, the parties point out that the trial court erred by not indicating in sufficient detail the basis for its award of spousal support to Mary. Additionally, Mary argues that the trial court failed to properly address the issue of temporary support. We agree with Mary and Roger that the trial court failed to provide a sufficient explanation of its award. Additionally, the trial court erred by not specifying temporary spousal support and child support separately and failing to determine temporary child support under the guidelines.

In Kaechele v. Kaechele (1988), 35 Ohio St.3d 93, 97, 518 N.E.2d 1197, 1201-1202, the Supreme Court stated, “In allocating property between the parties to a divorce and in making an award of sustenance alimony, the trial court must indicate the basis for its award in sufficient detail to enable a reviewing court to determine that the award is fair, equitable and in accordance with the law.” Interpreting this requirement, many appellate districts have held that the trial court itself, not merely the record, must explain the basis for spousal support. Schneider v. Schneider (1989), 61 Ohio App.3d 164, 572 N.E.2d 221; Kaechele v. Kaechele (1989), 61 Ohio App.3d 159, 572 N.E.2d 218; Layne v. Layne (1992), 83 Ohio App.3d 559, 615 N.E.2d 332; Graham v. Graham (1994), 98 Ohio App.3d *606 396, 648 N.E.2d 850; Shepherd v. Shepherd (Aug. 31, 1995), Cuyahoga App. No. 68242, unreported, 1995 WL 517051. But, see, Carman v. Carman (1996), 109 Ohio App.3d 698, 672 N.E.2d 1093. More important, we are controlled by an opinion this court previously published, Moro v. Moro (1990), 68 Ohio App.3d 630, 589 N.E.2d 416, adopting this interpretation of Kaechele.

The benefit of having the trial court explain the rationale for the spousal support award is highlighted by the case at bar. In the journal entry, the trial court stated merely that Roger is obligated to pay Mary $2,550 a month in spousal support. Both parties agree that the court gave no reasons for this decision, and both parties argue that the decision was defective because of this omission. Mary contends that the award is inadequate, and Roger argues that it is unwarranted because the trial court made no finding of her needs in order to justify an award of spousal support.

As we indicate later (see Mary’s Assignment of Error No. 2), the trial court failed to consider Roger’s gross income when it calculated child support. Citing Roger’s W-2, the court noted only what was a “reasonable salary.” It did not consider other possible sources of income, such as what his company paid for Roger’s car, country club membership, meals, and trips, for example. R.C. 3105.18 expressly requires the court to consider “[t]he income of the parties, from all sources,” when it awards spousal- support. In this case the court did not.

There is another problem as well. In the transcript, the trial judge described the wife’s total needs as follows:

“THE COURT: I think it has already earlier been established that her total needs are something between 4 and $5,000 a month despite the projections here on the pretrial statement.
“And it has also been established that of those needs, part of it is contributed from her own earnings.
“I don’t see any point in continuing with this line of cross-examination.”

Before taxes, the award of $30,600 a year ($2,550 per month) combined with her salary of $23,200 would not meet what the court found to be the maximum ($60,000 or $5,000 a month) in her range of needs. After taxes, it is unlikely that the award would meet even her minimum needs ($48,000 or $4,000 a month). Even after being adjusted for a standard- exemption and deduction, gross income of $53,800, taxed at the lower rate of fifteen percent, would be reduced to approximately $46,500.

These computations are not in the record. Nor should an appellate court be asked to provide such analysis. That is the task of the lower court. As the Eleventh Appellate District Court has repeatedly explained:

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Cite This Page — Counsel Stack

Bluebook (online)
709 N.E.2d 208, 125 Ohio App. 3d 600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zeffe-v-zeefe-ohioctapp-1998.