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Yazdani-Isfehani v. Yazdani-Isfehani

Court of Appeals of Ohio, Fourth District

June 4, 2013

ELIZABETH YAZDANI-ISFEHANI, Plaintiff-Appellee,
v.
RAMIN YAZDANI-ISFEHANI, Defendant-Appellant.

Susan Gwinn, Athens, Ohio, for Appellant.

Elizabeth Yazdani-Isfehani, Albany, Ohio, pro se, Appellee.

Hoover, J.

{¶ 1} This is an appeal from a judgment of the Common Pleas Court of Athens County. Appellant RaminYazdani-Isfehani appeals the decision of the trial court regarding the duration of the spousal support award in favor of appellee Elizabeth Yazdani-Isfehani. For the following reasons, this Court affirms the trial court's decision and judgment.

I. STATEMENT OF ASSIGNMENT OF ERROR

{¶ 2} Appellant, RaminYazdani-Isfehani, sets forth the following assignment of error: "THE TRIAL COURT ERRED IN ACTING UNREASONABLY, ARBITRARILY, OR UNCONSCIONABLY AND THE DECISION WAS AGAINST THE WEIGHT OF THE EVIDENCE IN AWARDING THE PLAINTIFF SUSTENANCE ALIMONY FOR SEVEN YEARS."

II. PROCEDURAL POSTURE

{¶ 3} Appellee Elizabeth Yazdani-Isfehani initiated the divorce proceeding on or about January 13, 2005. The parties have six children. In May 2007, the magistrate issued a decision granting the divorce.[1] Appellant RaminYazdani-Isfehani filed objections to the magistrate's decision. Appellee filed her response to the objections. On or about December 28, 2007, the trial court overruled all of appellant's objections. The trial court then adopted the proposed findings of fact by the magistrate and issued orders regarding the parties' divorce.

{¶ 4} Next, appellant proceeded to file a Notice of Appeal on or about January 23, 2008. This Court, in Yazdani-Isfehani v. Yazdani-Isfehani, 4th Dist. No. 08CA3, 2008-Ohio-4662 (hereinafter "Yazdani-Isfehani II"), affirmed the amount of spousal support at $1, 400.00 per month but remanded the cause on the issue of the duration of spousal support. We held that based upon Kunkle v. Kunkle, 51 Ohio St.3d 64, 554 N.E.2d 83 (1990), the trial court erred by failing to determine whether appellee had the "resources, ability and potential to be self-supporting[.]" Yazdani-Isfehani II at ¶ 32. We remanded the case to allow the trial court to continue its Kunkle analysis. Id. at 33.

{¶ 5} The magistrate then held a hearing pursuant to the directive of the Court of Appeals in Yazdani-Isfehani II on April 9, 2009. A magistrate's decision was filed on or about January 21, 2010. Appellant filed objections to the magistrate's decision on or about July 20, 2010.

{¶ 6} On or about December 7, 2010, the trial court then overruled objections one, two, four, and five. The trial court granted objection number three and established January 21, 2015 as the date for the spousal support to end.

{¶ 7} Appellant timely filed an appeal on the trial court's December 7, 2010 decision. This Court found that the trial court had reviewed the magistrate's decision under an inappropriate standard. See Yazdani-Isfehani v. Yazdani-Isfehani, 4th Dist. No. 11CA1, 2012-Ohio-1031 ¶12 (hereinafter "Yazdani-Isfehani III"). This Court felt that an abuse of discretion standard had been used by the trial court rather than a de novo standard of review. This Court did not address the merits. This matter was once again remanded to the trial court.

{¶ 8} In response to the Court of Appeals' ruling, the trial court issued a decision on or about July 2, 2012. The trial court reviewed the magistrate's decision using a de novo standard of review. The trial court "re-adopted" its prior decision while affirmatively stating "it independently looked at the factors in R.C. 3105.18(C), applied the facts, and reached the spousal support decision." The trial court found that appellee was entitled to sixty months of spousal support. The trial court "re-adopted" the termination date of January 21, 2015, although the date was not specifically stated in the trial court's judgment entry. Appellant appeals this judgment.

III. FACTS

{¶ 9} The facts as set forth in Yazdani-Isfehani II, 4th Dist. No. 08CA3, 2008-Ohio-4662 ¶ 2-3 are set forth herein:

Husband and wife married on December 20, 1987 and had six children (two children are now emancipated). Wife separated from husband on or about October 1, 2004, after almost seventeen years of marriage and filed for divorce on January 13, 2005. Husband is a college graduate. He is an engineer with a salary of $91, 500. Wife is a career homemaker and unemployed but stipulated (for child support purposes) an imputed minimum wage income of $14, 248. She has a high school education and a license to work as a substitute teacher's aide. To raise money, she has occasionally sold baked goods; she worked as a teacher's aide; and she has written a devotions (religious) book, which remains unpublished. She earned $2, 000 or less in 2006.
At the time of the separation, Wife was approximately 38 years old, and Husband was around 42 years old. At the time of the separation and divorce the Wife was in good health. The Husband suffered a heart attack (because of that he now has stents) and has had knee surgery. However, his health is good enough for him to work out regularly at a health club and play soccer.

{ΒΆ 10} The couple's final divorce hearing was held in April 2007. The trial court issued the Final Decree of Divorce on December 28, 2007. That decree included, among other things, a child support order and a spousal support order. Specifically, it was ordered that ...


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