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Valerie Woronka v. William Woronka

January 31, 2011

VALERIE WORONKA
PLAINTIFF-APPELLEE
v.
WILLIAM WORONKA DEFENDANT-APPELLANT



Civil appeal from the Stark County Court ofCommon Pleas, Domestic Relaltions Division, Case No. 2006-DR-1016

The opinion of the court was delivered by: Gwin, P.J.

Cite as Woronka v. Woronka, 2011-Ohio-498.

JUDGES:

Hon. W. Scott Gwin, P.J.

Hon. Sheila G. Farmer, J.

Hon. John W. Wise, J.

OPINION

CHARACTER OF PROCEEDING

JUDGMENT: Reversed and Remanded

DATE OF JUDGMENT ENTRY: January 31, 2011

[Cite as Woronka v. Woronka, 2011-Ohio-498.]

{¶1} Defendant-appellant William J. Woronka appeals a judgment of the Court of Common Pleas, Domestic Relations Division, of Stark County, Ohio, which construed the separation agreement appellant entered into with plaintiff-appellee Valerie Woronka. Appellant assigns a single error to the trial court:

{¶2} "I. THE TRIAL COURT ABUSED ITS DISCRETION IN MODIFYING THE SEPARATION AGREEMENT, WHICH WAS ADOPTED BY THE PARTIES AND INCORPORATED BY THE COURT."

{¶3} The record indicates the parties ended their marriage in October, 2006, and executed a separation agreement. The agreement provided in pertinent part: "11. Husband and Wife consent and agree that Wife is to receive one-half of IBEW 401(K) by use of a Qualified Domestic Relations Order (QDRO)."

{ΒΆ4} On June 17, 2010, the court conducted a hearing on a request for clarification of the QDRO and the divorce decree. The trial court found the attorney representing the company clarified that appellant's IBEW pension account is a Security Plan Pension, and that a separate 401(K) Plan exists, but it has no value. The court ...


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