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Joyce A. Barrientos v. Guillermo M. Barrientos

November 7, 2011

JOYCE A. BARRIENTOS, PLAINTIFF-APPELLEE,
v.
GUILLERMO M. BARRIENTOS,
DEFENDANT-APPELLANT.



Appeal from Hancock County Common Pleas Court, Domestic Relations Division Trial Court No. 2007-DR-426

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

Cite as Barrientos v. Barrientos,

OPINION

Judgment Reversed and Cause Remanded

{¶1} Defendant-appellant Guillermo M. Barrientos ("Guillermo") brings this appeal from the judgment of the Court of Common Pleas of Hancock County, Domestic Relations Division, granting the divorce, dividing the property, and awarding spousal support to plaintiff-appellee Joyce A. Barrientos ("Joyce"). For the reason set forth below, the judgment is reversed.

{¶2} On August 22, 2000, Guillermo was injured in an industrial accident and was hospitalized for three weeks. When he returned home, Joyce provided for his care as they had been living together for nearly two years prior to the accident. The couple was then married on October 20, 2000. A settlement agreement was reached concerning the accident and Guillermo received a large sum of money in checks made out to him. The parties used the money to make various purchases, lived on some of it, and invested some.

{¶3} On December 12, 2007, Joyce filed a complaint for divorce. A final hearing was held on November 13, 2008. The magistrate issued her recommendations on December 17, 2008. Guillermo filed objections to the magistrate's recommendations. On February 17, 2011, the trial court overruled the objections and issued its decision. The trial court issued its judgment entry granting the divorce on April 14, 2011. Guillermo appeals from this judgment and raises the following assignments of error.

First Assignment of Error

The trial court erred in applying an "abuse of discretion" standard of review.

Second Assignment of Error

The trial court's characterization of the settlement proceeds as marital property is against the manifest weight of the evidence.

Third Assignment of Error

The magistrate improperly used the federal poverty level to establish the ...


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