Yenni v. Yenni

Citations

• 2022 Ohio 2867

Syllabus

Grounds for divorce R.C. 3105.01 notice pleading Civ.R. 8 corroborating evidence Civ.R. 75 imputed income voluntarily underemployed R.C. 3119.01(C)(17)(a) potential income App.R. 16(A)(7) App.R. 12(A)(2) disregard an assignment of error valuation dates raise objections to the magistrate's decision plain-error doctrine Civ.R. 53(D)(3)(b) tax dependency exemption best interest of the child R.C. 3119.82 motion for new trial Civ.R. 59 abuse of discretion de novo standard of review request for findings of fact and conclusions of law on motion for new trial. Appellee-wife presented sufficient evidence to support the trial court's finding that she was entitled to a divorce on the grounds that the parties lived separate and apart for greater than one-year, gross negligence, and extreme cruelty. The trial court did not abuse its discretion when it imputed income after finding the appellant-husband was voluntarily underemployed and applying the R.C. 3119.01(C)(17) factors. The reviewing court declines to review assignments of error that the appellant-husband failed to support with legal authority. The trial court did not abuse its discretion when it applied a valuation date other than the actual date of the divorce. Appellant-husband was precluded from raising an argument about spousal support because he did not raise the issue in his objections to the magistrate's decision and he did not invoke plain error on appeal. The trial court did not demonstrate an abuse of discretion when it allocated the R.C. 3119.82 tax exemption to appellee-wife. The trial court properly denied appellant-husband's motion for a new trial. Further, the trial court was not required under Civ.R. 59 to issue findings of fact and conclusions of law upon the denial of a motion for new trial.