IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

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1 IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO DEANN R. RAMEY, Plaintiff-Appellant, vs. CHRISTOPHER D. RAMEY, Defendant-Appellee. APPEAL NO. C TRIAL NO. DR JUDGMENT ENTRY. We consider this appeal on the accelerated calendar, and this judgment entry is not an opinion of the court. 1 Plaintiff-appellant, Deann R. Ramey, appeals from a judgment of the Hamilton County Court of Common Pleas, Domestic Relations Division, granting the motion of defendant-appellee, Christopher D. Ramey, to modify spousal support. We find no merit in Deann s assignment of error, and we affirm the trial court s judgment. The parties were divorced in The decree ordered Christopher to pay spousal support of $2,500 per month for 60 months. The trial court retained jurisdiction to modify the amount of support, but not the duration, after the first 24 months. The primary reason for the spousal-support award was to allow Deann to return to school and improve her earning potential. The decree also incorporated a shared-parenting agreement relating to the parties two children. Under that agreement, the children were to reside with Deann, and Christopher was to pay child support of $ per month per child. Subsequently, Christopher filed a motion to modify parenting time because the parties son wanted to live with him. The court journalized an agreed entry that 1 See S.Ct.R.Rep.Op. 3(A), App.R. 11.1(E), and Loc.R. 12.

2 stated that the parties son would move into Christopher s home and that Deann would have visitation rights. The parties agreed that Deann would not pay child support to Christopher for their son due to the disparities in their incomes. That entry effectively ended Christopher s child-support obligation since the parties daughter had become emancipated. In September 2009, after the 24 months had passed, Christopher also filed a motion to modify spousal support in which he claimed that a change in circumstances had occurred. The record shows that, at the time of the divorce, Deann s income was $13,000 and Christopher s was $85,000. He was employed full-time as a nuclear-medicine technologist. He also worked two part-time jobs. His expected income for 2009 was $110,475. Deann had gone back to school and had obtained an LPN degree. Her expected income for 2009 was $39,600. She had been accepted into a full-time RN program. She testified that she needed her RN degree to increase her earning potential and job opportunities. She had enrolled full-time so that she could be finished by the time the spousal-support award ended. She planned to obtain a grant to fund her education and to work 20 hours a week while she went to school. After hearing the evidence, a magistrate concluded that a change of circumstances that warranted a review of the spousal-support order had occurred, but that based on the evidence presented the change of circumstances does not warrant a modification of the current spousal support order. Christopher filed objections to the magistrate s decision. In ruling on the objections, the trial court stated that this court recognizes that Defendant agreed to the current amount of spousal support at a time when he was making less income and working the same amount of hours. Plaintiff s need for spousal support has diminished somewhat with the increase in her income, however it is still necessary for her to continue her education to maintain employment. 2

3 The court went on to find that the only significant change that Defendant has cited is the emancipation of one child and the youngest child residing primarily with the Defendant. And, although the parties agreed that there would be no exchange of child support given the disparity of incomes, a modification is justifiable under Ohio Revised Code Section (F) for the need to support the minor child in Defendant s household and the effect of increased parenting time on the continued necessity for Defendant to work in excess of 55 hours a week. Consequently, the court granted Christopher s motion to modify spousal support. It ordered him to pay $2,200 per month, a decrease of $300 per month. This appeal followed. In her sole assignment of error, Deann states that the trial court erred in reducing the spousal-support award. She argues that Christopher failed to produce evidence showing that a substantial change in circumstances had occurred, and that the trial court s modification of spousal support was an abuse of discretion. This assignment of error is not well taken. An appellate court reviews decisions about spousal support, including modifications, under an abuse-of-discretion standard. Therefore, we will not reverse the trial court s decision modifying spousal support absent an abuse of discretion. 2 The party seeking a modification of spousal support bears the burden to prove that it is justified. 3 In Mendelbaum v. Mendelbaum, 4 the Ohio Supreme Court held that [a] trial court lacks jurisdiction to modify a prior order of spousal support unless the decree of the court expressly reserved jurisdiction to make the modification and unless the 2 Kunkle v. Kunkle (1990), 51 Ohio St.3d 64, 67, 554 N.E.2d 83; Coors v. MacEachen, 1st Dist. No. C , 201o-Ohio-4470, 13; Kumpus v. Kumpus, 5th Dist. No. 2009CA00106, 2010-Ohio- 3960, Kumpus, supra, at 29; Tremaine v. Tremaine (1996), 111 Ohio App.3d 703, 706, 676 N.E.2d Ohio St.3d 433, 2009-Ohio-1222, 905 N.E.2d

4 court finds (1) that a substantial change in circumstances has occurred and (2) that the change was not contemplated at the time of the original decree. 5 The supreme court specifically rejected the argument that the change in circumstances need not be substantial. It stated, Although R.C (F) sets forth a partial listing of what can be considered as a change of circumstances to include any increase or involuntary decrease in the party s wages, salary, bonuses, living expenses, or medical expenses for purpose of establishing trial court jurisdiction, it does not alter the requirement that a trial court must find a substantial change in circumstances before modifying a prior order for spousal support. 6 The word substantial means drastic, material, and significant. 7 In issuing an order of spousal support, the trial court must consider the factors set forth in R.C (C). 8 In deciding whether to modify a support order, the court should consider whether any of the factors have changed and the comparative weight to give each factor in light of all the facts and circumstances. 9 In granting the motion to modify, the trial court did note that Deann s income had increased. But that increase would not have justified the modification because it was contemplated at the time of the decree. One of the main reasons for spousal support was to allow her to continue her education so that she could earn a higher income. The court went on to state that the only significant change involved the emancipation of the parties oldest child and the youngest child residing with Christopher. Although the parties agreed that Deann would not pay child support due to the disparity in the parties incomes, Christopher still had the added expense 5 Id. at paragraph two of the syllabus. 6 Id. at paragraph one of the syllabus. 7 Id. at 32; Leist v. Leist, 2nd Dist. No , 2010-Ohio-3915, Coors, supra, at 12; Kumpus, supra, at Kumpus, supra, at 51; Mizer v. Mizer, 5th Dist. No. 08CA0004, 2009-Ohio-1390, 36. 4

5 of supporting that child. Further, he sought to work fewer hours to increase his parenting time with the child. Child support, as a court-ordered payment as described in R.C (C)(1)(i), is a relevant factor in determining whether spousal support is appropriate. 10 Competent, credible evidence supported the trial court s decision that a substantial change in circumstances had occurred. We cannot hold that the trial court s decision to modify the amount of spousal support was so arbitrary, unreasonable, or unconscionable as to connote an abuse of discretion, particularly considering the small amount of the modification. 11 Consequently, we overrule Deann s assignment of error and affirm the trial court s judgment. A certified copy of this judgment entry is the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24. HENDON, P.J., DINKELACKER and MALLORY, JJ. To the Clerk Enter upon the Journal of the Court on October 20, 2010 per order of the Court. Presiding Judge 10 Ewart v. Ewart, 5th Dist. No. CT , 2007-Ohio-4750, 38; Ervin v. Ervin, 4th Dist. No. 02CA2850, 2003-Ohio-3517, See Middendorf v. Middendorf, 82 Ohio St.3d 397, 401, 1998-Ohio-403, 696 N.E.2d 575; Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 218, 450 N.E.2d 1140; Coors, supra, at 13. 5

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