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Filicky v. Filicky

Court of Appeals of Ohio, Seventh District

October 6, 2000

SHIRLEY A. FILICKY, PLAINTIFF-APPELLEE/ CROSS-APPELLANT,
v.
MICHAEL FILICKY, DEFENDANT-APPELLANT/ CROSS-APPELLEE.

Civil Appeal from Common Pleas Court, Domestic Relations Division, Case No. 97DR52

APPEARANCES: For Plaintiff-Appellee/: Cross-Appellant Atty. Mary Jane Stephens

For Defendant-Appellant/: Cross-Appellee Atty. Matthew C. Giannini

Hon. Gene Donofrio, Edward A. Cox, Cheryl L. Waite, Judges

OPINION

DONOFRIO, J.

Defendant-appellant/cross-appellee, Michael Filicky, timely appeals a decision rendered by the Mahoning County Court of Common Pleas, Division of Domestic Relations, whereby the trial court terminated Michael's spousal support obligation to plaintiff-appellee/cross-appellant, Shirley Filicky, and reallocated parental rights for the minor child, Andrew Filicky, age 5, to Michael Filicky.

The parties' marriage was terminated by a divorce decree dated August 14, 1998. One child, Andrew Filicky, was born issue of the marriage. Andrew was born on April 25, 1993. At the time of divorce, the trial court imposed a shared parenting arrangement for custody of the minor child Andrew.

On September 3, 1998, Shirley Filicky filed a motion with the trial court to terminate the shared parenting plan and relocate to the state of Texas. Shirley stated that she had obtained employment outside of the state of Ohio, and wished to move to Texas with Andrew. Michael Filicky contested the removal of the child from the state of Ohio, and filed a motion for redetermination of parental rights and responsibilities. Mr. Filicky also filed a motion to terminate spousal support.

After holding a series of hearings on the matters, the magistrate ruled on the parties' motions. On May 6, 1999, the magistrate entered a judgment in favor of Michael Filicky terminating the shared parenting plan. The magistrate designated Michael Filicky as Andrew's residential parent, and granted Shirley Filicky visitation rights. In a subsequent order entered May 17, 1999, the magistrate also entered a judgment entry terminating Michael Filicky's spousal support obligation as of May 6, 1999.

Each party filed objections to the decisions of the magistrate. On July 12, 1999, the trial court judge issued a judgment entry adopting both the May 6, 1999 and the May 17, 1999 decisions of the magistrate.

Shirley Filicky filed timely notice of cross-appeal on July 20, 1999 while Michael Filicky filed timely notice of appeal on July 28, 1999.

Michael Filicky's sole assignment of error states:

"THE TRIAL COURT ERRED IN TERMINATING THE APPELLANT'S SPOUSAL SUPPORT OBLIGATION ON MAY 1, 1999 [sic] RATHER THAN JANUARY 1, 1999, [sic] THE DATE ON WHICH APPELLANT HAD ...

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