J.S. v. A.S.

Citations

• 2024 Ohio 6015

Syllabus

Spousal support; child support; income; marital property; separate property; attorney fees; equity; personal jurisdiction; attorney disqualification. Trial court properly found it had personal jurisdiction over husband where the docket reflected out-of-state service, and there was insufficient evidence to rebut the presumption of proper service. Trial court properly denied husband's motion to disqualify wife's counsel where counsel represented wife's father and the expert custody evaluator where husband lacked standing to challenge the representation and husband failed to establish that the representation posed a conflict between the clients. Trial court did not abuse its discretion when it failed to award a distributive award to husband for wife's alleged financial misconduct. Husband failed to establish that wife profited from the dissolution of her separate property or intentionally acted to dissipate, destroy, conceal, or fraudulently dispose of husband's assets. Trial court likewise did not err in failing to make a negative inference based on withheld evidence. Husband argued wife's father was funneling money to her from unknown accounts, but it was never established that wife held an ownership interest in those accounts, such that she was withholding account information. Trial court did not abuse its discretion in granting wife's request for shared parenting plan over husband's request for sole custody where parties had engaged in a shared parenting plan during the majority of the almost four years of the divorce. Husband's objection to the appointment of a parenting coordinator based on his belief that wife will not cooperate or that he will not have a meaningful method of reviewing the coordinator's decisions was not ripe for review. Trial court erred in granting husband a 50 percent interest in the marital home, where the record established that he had acquired a 25 percent interest prior to the marriage. Trial court abused its discretion when it found that