Kest v. Kest

Citations

• 2018 Ohio 489

Syllabus

Civ.R. 53/issuance of magistrate's decision R.C. 3105.19(E)(1)/jurisdiction to modify alimony/spousal support. The parties entered into a settlement agreement that was read into the record and proposed journal entries were submitted to the court upon which the trial court issued a final decree of divorce. There was no necessity for the magistrate to issue a decision. Pursuant to R.C. 3105.18(E), the parties' separation agreement was silent as to whether the trial court would retain jurisdiction to modify alimony or spousal support and appellant failed to negotiate that term and have it placed upon the record. The trial court did not abuse its discretion in adopting the terms of the agreement that was read and placed in the record and where arrears existed and there was no specific agreement to waive or reduce those arrears, the trial court did not abuse its discretion in preserving jurisdiction over that issue. Appellant did not move to vacate or set aside the settlement agreement that was read into the record or request an evidentiary hearing. The trail court did not err in adopting the judgment entry of divorce. It was improper for the trial court to leave extraneous comments in the final journal entry of divorce.