Gerdes v. Gerdes

Citations

• 2021 Ohio 344

Syllabus

Ex-husband appeals decision denying request to offset spousal support and property equalization payment against ex-wife's unpaid child support and to modify spousal support due to change in circumstances. Court did not abuse discretion denying request to offset. Ex-husband failed to present evidence of inability to pay decree obligations due to ex-wife's failure to pay child support. Ex-husband failed to present evidence that offset would be in the children's best interest. Court did not abuse its discretion in denying ex-husband's request to modify spousal support based upon alleged discovery that spousal support payments were nondeductible from gross income. Ex-husband indicated that the result would lower his income tax refund but failed to present sufficient evidence of a substantial change in circumstances meriting modifying the order.