Devito v. Devito

Citations

• 2022 Ohio 2563

Syllabus

DOMESTIC RELATIONS — DIVORCE — PARENTING TIME — R.C. 3109.051 — PROPERTY DIVISION — FINDINGS — SEPARATE PROPERTY — R.C. 3105.171— DISTRIBUTIVE AWARD — FINANCIAL MISCONDUCT: The domestic relations court's parenting-time order setting defendant's parenting time at plaintiff's discretion was reasonable and just because the order was supported by the court's R.C. 3109.051(D) findings, the circumstances surrounding defendant's incarceration, and the need for a flexible schedule. The domestic relations court erred when it failed to determine whether defendant's inheritance was separate or marital property as required by R.C. 3105.171. The domestic relations court's distributive award, issued to plaintiff pursuant to R.C. 3105.171(E)(4), was unreasonable and arbitrary when the record contained no evidence of any financial misconduct by defendant, and the court's findings did not support an award under any other section of the statute.