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Martha A. Godward,Fka Martha Kory v. Mark Kory

October 11, 2011

MARTHA A. GODWARD,FKA MARTHA KORY PLAINTIFF-APPELLEE
v.
MARK KORY DEFENDANT-APPELLANT



Civil appeal from the Stark County Court of Common Pleas,Domestic Relations Division, Case No. 2002DR00732

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

Cite as

Godward v. Kory,

JUDGES: Hon. W. Scott Gwin, P.J. Hon. Julie A. Edwards, J. Hon. Patricia A. Delaney, J.

CHARACTER OF PROCEEDING:

JUDGMENT:

DATE OF JUDGMENT ENTRY:

[Cite as Godward v. Kory, 2011-Ohio-5265.]

OPINION

Affirmed in part; reversed in part and remanded

STATEMENT OF THE FACTS AND CASE

{¶1} Defendant-appellant Mark Kory appeals the December 10, 2010 Judgment Entry of the Stark County Court of Common Pleas, Family Court Division which denied his Motion to Show Cause. Defendant-appellee is Martha K. Godward, fkn Kory.

{¶2} Appellant and appellee married in 1991 and were divorced by a judgment entry filed September 23, 2003. The Judgment Entry of Divorce approved and incorporated the Magistrate Decision filed with the court on June 27, 2003. Appellee was, and still is, a librarian at Kenmore High School, where she earns a pension through the State Teachers' Retirement Pension (STRS).

{¶3} The Final Decree of Divorce divided the couple's property; the division of property included, but was not limited to, the appellee's STRS retirement benefits. With regard to the STRS retirement benefits, the Final Decree stated:

{¶4} "IT IS FURTHER ORDERED that the State Teachers' Retirement Pension (STRS) shall be divided pursuant to Qualified Domestic Relations Order. Costs of the division shall be paid equally by each party. Survivorship and costs of living protection for the Defendant [Appellant Kory] shall be provided."

{ΒΆ5} Subsequent to the parties' divorce, a delay ensued concerning the preparation and filing of the Qualified Domestic Relations Order. Specifically, appellant's attorney believed that the entry prepared by appellee's former counsel contained an inaccurate number used in the numerator of the coverture fraction. Attempts by ...


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