Wuebben v. Wuebben

Citations

• 2018 Ohio 4768

Syllabus

The trial court did not abuse its discretion by overruling wife's Civ.R. 60(B)(5) motion for relief from a decree of dissolution, based on her claim that husband had committed a fraud on the court during their 2007 dissolution proceedings. Wife alleged that husband had filed an affidavit of financial disclosure that omitted his interest in a deferred compensation account and misrepresented the value of his income and interest in a police and fire pension. Husband had disclosed his interest in the deferred compensation account in the parties' separation agreement that was incorporated into their decree of dissolution any claimed discrepancy in the value of husband's pension plan and his income could have been discovered by wife during the dissolution proceedings or corrected post-judgment through a Civ.R. 60(B)(3) motion. Wife's Civ.R. 60(B) motion, filed nine years after the entry of the decree of dissolution, was not brought within the one-year time limit for claims under Civ.R. 60(B)(3) or within a reasonable period of time following the decree of dissolution for a claim under Civ.R. 60(B)(5). The trial court did not err in denying the motion. Judgment affirmed.