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Alan J. Preseren v. Charlaine Preseren

October 6, 2011

ALAN J. PRESEREN PLAINTIFF-APPELLANT
v.
CHARLAINE PRESEREN DEFENDANT-APPELLEE



Civil Appeal from the Domestic Relations Division of the Cuyahoga County Common Pleas Court Case No. D-220198

The opinion of the court was delivered by: Patricia Ann Blackmon, P.J.:

Cite as

Preseren v. Preseren,

JOURNAL ENTRY AND OPINION

JUDGMENT:

REVERSED AND REMANDED

BEFORE: Blackmon, P.J., Sweeney, J., and E. Gallagher, J.

{¶1} Appellant Alan J. Preseren ("Alan") appeals the trial court's refusal to modify or terminate his spousal support obligation and assigns the following three errors for our review:

"I. The trial court erred and abused its discretion when it denied appellant's motion to terminate and/or modify his spousal support order even though it had found appellant's income had been drastically reduced and appellee's circumstances had changed to her benefit, as said decision is against the manifest weight of the evidence, based upon insufficient evidence and is contrary to law."

"II. The trial court erred and abused its discretion in not modifying the original support order when after determining that appellant's

income had been drastically reduced since the order it failed to take into consideration the totality of the circumstances including appellant's inability to pay said order."

"III. The trial court erred and abused its discretion when it relied upon appellant's wife's sharing of his living expenses as a factor in denying a modification of appellant's spousal support."

{ΒΆ2} Having reviewed the record and pertinent law, we reverse and remand the trial court's decision for proceedings consistent with ...


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