 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Bucalo v. Bucalo11/30/2005
DECISION AND JOURNAL ENTRY
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
{ } Defendant-Appellant Charles F. Bucalo has appealed from the decision of the Medina County Court of Common Pleas, Domestic Relations Division, that designated and distributed property and debt, awarded spousal support, and found that he committed financial misconduct. We affirm in part and reverse in part.
I.
{ } On July 24, 2003, Plaintiff-Appellee Dawn Caprice Bucalo ("Wife") filed a complaint for divorce against Defendant-Appellant Charles F. Bucalo ("Husband"). Husband filed an answer and a counterclaim for divorce on August 19, 2003.
{ } On May 11, 2004, a hearing was held and the trial court granted the parties a divorce on the grounds of incompatibility. The trial court found the term of the marriage to be from September 30, 1995 to May 11, 2004.
{ } In the July 31, 2004 journal entry granting the divorce, the trial court also determined property and support awards. The trial court found that Husband spent a great amount of time and money day trading on the internet and that he admitted to using the $17,666 Wife inherited from her grandmother, which was her separate property, as part of his day trading funds. He also admitted that Wife had asked him to put the money in long term and safe investments. The trial court also found that Husband was in complete control of the couple's finances and all accounts were in his name only. While Husband claimed to have separate accounts and funds, the trial court found that he did not meet his burden of proof in tracing his separate property claims. The trial court determined that all "the assets and funds in the possession of the parties [were] deemed marital property subject to division." The trial court's finding included the couple's three vehicles. The trial court also found that the couple's marital home was marital property subject to division.
{ } Wife agreed to allow Husband to retain his retirement assets free and clear from any claims by her, but she argued that she should retain her entire IRA as compensation for Husband's financial misconduct in dissipating her inheritance. The trial court found that Wife should retain $17,666 of her retirement account to compensate her for Husband's financial misconduct. The trial court also determined that Wife should retain the same amount as Husband did in his own retirement account, $13,384. As a result the remaining $17,379 of Wife's 401(K) was to be divided equally by the parties.
{ } The trial court found that the mortgage and three credit card debts were marital debts and were to be paid from the proceeds of the sale of the marital residence. The trial court determined that a significant portion of the debt was incurred by Wife during the pendency of the divorce as she tried to pay the marital expenses with no contribution from Husband.
{ } In regards to spousal support, the trial court found that Wife's income for the calculation of spousal support was $74,011. The trial court stated that Husband conceded that he is capable of supporting himself, but he chooses not to and would prefer to continue to receive the $1,500 per month spousal support from Wife. The trial court found Husband "voluntarily under-employed." However, because no evidence was presented as to what Husband previously earned or what he was capable of earning, the trial court could not impute Husband with income for the calculation of spousal support. Accordingly, the trial court set a hearing to determine what amount Husband would be imputed with for calculation purp
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 Ohio Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|