Opinion
20 NO 0472
06-11-2021
TRACY CHRIST, Plaintiff-Appellee, v. KEVIN CHRIST, Defendant-Appellant.
Atty. Miles Fries, Gottlieb, Johnston, Beam & Dal Ponte, for Plaintiff-Appellee and Atty. Dennis Horvath, and Atty. Eric Brown, Wolinetz & Horvath, LLC, for Defendant-Appellant.
Civil Appeal from the Court of Common Pleas, Domestic Relations Division, of Noble County, Ohio Case No. 216-0080
Atty. Miles Fries, Gottlieb, Johnston, Beam & Dal Ponte, for Plaintiff-Appellee and
Atty. Dennis Horvath, and Atty. Eric Brown, Wolinetz & Horvath, LLC, for Defendant-Appellant.
BEFORE: David A. D'Apolito, Cheryl L. Waite, Carol Ann Robb, Judges.
OPINION AND JUDGMENT ENTRY
D'APOLITO, J.
{¶1} Appellant, Kevin Christ, appeals from the January 13, 2020 judgment of the Noble County Court of Common Pleas, Domestic Relations Division, which terminated his and Appellee's, Tracy Christ, marriage, allocated parental rights and responsibilities in accordance with their agreement, provided an award of spousal support to Appellee, divided their marital assets and liabilities, and resolved their competing contempt motions. On appeal, Appellant asserts the trial court abused its discretion with respect to its orders allocating marital assets and liabilities. Appellant also alleges the court abused its discretion with respect to its order awarding spousal support to Appellee. For the reasons stated, we reverse and remand.
FACTS AND PROCEDURAL HISTORY
{¶2} The parties were married on June 22, 2001. Two minor children were born as issue of the marriage, to-wit: A.J.C., d.o.b. 6/20/2004; and P.J.C., d.o.b. 1/31/2007. The parties' marital residence, located at 43157 Parrish Ridge Road, Caldwell, Noble County, Ohio 43724, has an appraised value of around $280,000. The property is encumbered by a first mortgage with a payoff balance around $118,000 and a second mortgage with a payoff balance around $147,000.
{¶3} Appellant has a Bachelor's of Science Degree in automotive technology. He had five business interests in total in which he was the sole member: (1) Christ Automotive Leasing, LLC; (2) Christ Holdings, LLC; (3) Southeast Ohio Auto Parts, Inc.; (4) APC Oil & Gas, LLC; and (5) Worl Thompson Motors, Inc.
{¶4} Appellant is self-employed in car sales, mechanical sales and work, and collision work, doing business under Christ Automotive Leasing, LLC. He has an annual gross income of around $77,000. His business causes him to travel throughout Ohio, Pennsylvania, West Virginia, and Virginia. Appellant has done consulting and mechanical work for individuals and car manufacturers, including Chrysler, Toyota, and Nissan. He subcontracts through an entity known as Service Solutions.
{¶5} Christ Automotive Leasing, LLC owns commercial real estate in Barnesville, Ohio. Napa Auto Parts leased the property for $5,500 per month. The appraised value of the property is $235,000 and is encumbered by a mortgage with a payoff balance around $136,000. Christ Automotive Leasing, LLC is also the title owner of four vehicles with the following approximate valuations: (1) 2016 Jeep Grand Cherokee (possessed by Appellee, $14,000); (2) 2016 Dodge Ram ($29,000); (3) 2009 Dodge Challenger ($14,000); and (4) 2015 Dodge Challenger ($42,000).
{¶6} Christ Holdings, LLC owns real estate on Buffalo Run Road in Noble County, Ohio. The appraised value of the property is around $111,000. It is encumbered by a mortgage with a payoff balance around $46,000.
{¶7} Appellant has life insurance with a cash value around $3,100. Appellant has an IRA with Stifel. The balance on that account went from around $122,000 in January 2017 to zero at the time of trial.
{¶8} Substantial debt exists in this case including tax debt (Southeast Ohio Auto Parts, Inc. and Worl Thompson Motors, Inc., $120,000); debt that is in collection ($175,000); and judgment debt ($950,000).
{¶9} Appellee is a second-grade teacher at Shenandoah Elementary School. She has an annual gross income of around $48,000. Appellee pays into STRS which has a vested balance around $39,000. She has health insurance through her employment which also covers the minor children. She also has a Stifel IRA with a balance around $3,300. Appellee's debts included a Chase credit card with a balance around $5,400, an $8,500 loan with America's Christian Credit Union, and an $1,100 dental bill for A.J.C.
{¶10} On July 22, 2016, Appellee filed a complaint for divorce. Appellant filed an answer and motion for conciliation and family counseling.
{¶11} The matter came before the trial court on October 7, 2016, at which time the court was advised that the parties had reached an agreement regarding motions for conciliation and for temporary orders. In its October 12, 2016 judgment, the court approved the agreement after finding it to be fair and equitable, dismissed Appellant's motion for a conciliation order, ordered the parties to remain as the temporary residential parents and legal custodians of the minor children, and ordered them to continue sharing parenting time and expenses.
{¶12} Thereafter, the parties engaged in mediation. They reached an agreement for temporary orders on March 30, 2017 regarding parenting time and counseling for the minor children.
{¶13} On May 4, 2017, Appellee filed a motion for contempt alleging that Appellant repeatedly violated a Temporary Restraining Order ("TRO") by communicating with her via text messaging in a harassing and intimidating manner. The next day, Appellee filed another motion to preclude Appellant from moving the minor children from their current residence, modify the parenting time schedule, and modify the temporary order requiring her to contribute one-half of the minor children's expenses. On May 8, 2017, Appellant filed a motion that a TRO be "implied" on Appellee and sought permission for the minor children to apply for U.S. passports. On June 20, 2017, Appellee filed another motion to find Appellant in contempt for failing to get the minor children to counseling and designating her as the temporary residential parent and legal custodian. The following week, Appellant filed a motion to modify temporary orders and a motion for contempt against Appellee. Appellee filed another motion for contempt against Appellant on August 4, 2017.
{¶14} A hearing was held before the trial court on the contempt motions. On September 11, 2017, the court found Appellant to be in contempt, sentenced him to 30 days in jail, and designated Appellee as temporary residential parent and legal custodian of the minor children. Upon motion of Appellant, the court suspended execution of his incarceration subject to conditions.
{¶15} While the divorce action remained pending in the trial court, Appellant filed an appeal with this court, Case Nos. 17 NO 0453 and 17 NO 0454, regarding his contempt.
{¶16} On October 10, 2017, Appellant filed a motion for an ex parte order establishing a schedule of parenting time. Appellee filed an opposition. The following week, Appellant filed another motion for contempt. Appellee filed an opposition. On December 1, 2017, Appellee filed another motion for contempt. The parties reached an agreement and an agreed interim temporary order regarding parenting time was filed on December 12, 2017.
{¶17} On January 22, 2018, Appellee filed another motion for contempt. On March 8, 2018, Appellant filed motions for an in camera interview with the minor children and for an order appointing an attorney advocate. A hearing was held before the trial court on the contempt motion.
{¶18} On April 10, 2018, the trial court found Appellant in contempt and sentenced him to 60 days in jail, 30 days suspended depending upon how this court ruled on the appeal which was pending, Case Nos. 17 NO 0453 and 17 NO 0454. On December 31, 2018, this court affirmed in part, reversed in part, and remanded the matter to the trial court on the sole issue of attorney fees. T.C. v. K.C., 7th Dist. Noble Nos. 17 NO 0453 and 17 NO 0454, 2018-Ohio-5403.
{¶19} Upon remand, the trial court found the parties had reached an agreement. An agreed entry was filed on February 21, 2019 in which the court adopted the parties' stipulation as to the reasonableness and amount ($1,950.50) in legal fees related to the contempt.
{¶20} On August 5, 2019, Appellant filed a proposed shared parenting plan, and an amended proposed shared parenting plan on August 30, 2019.
{¶21} The parties' underlying divorce action proceeded to trial on September 3 and 4, 2019. The parties utilized September 3 by entering into a written agreement regarding the allocation of parental rights and responsibilities with the exception of child support. The court conducted a contested trial on September 4 regarding all other financial matters.