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Fritz v. Fritz

Court of Appeals of Ohio, Eighth District

June 20, 2013

VERONICA A. FRITZ PLAINTIFF-APPELLEE
v.
TIMOTHY WERNER FRITZ DEFENDANT-APPELLANT

Civil Appeal from the Cuyahoga County Court of Common Pleas Domestic Relations Division Case Nos. CP D-335502 and D-337114

ATTORNEY FOR APPELLANT Richard A. Goulder.

ATTORNEY FOR APPELLEE Susan P. Stauffer.

BEFORE: Kilbane, J., Boyle, P.J., and Rocco, J.

JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, JUDGE.

{¶1} Defendant-appellant, Timothy Fritz ("Timothy"), appeals the trial court's judgment adopting the magistrate's decision and granting a divorce to plaintiff-appellee, Veronica Fritz ("Veronica"). For the following reasons, we affirm.

{¶2} In February 2011, Veronica filed for divorce from Timothy.[1] They married in 1995, and two children were born as issue of the marriage. At the time of the complaint, one child was 16 years old and the other child was 6 years old. The matter proceeded before a magistrate in May 2012. The magistrate issued a decision in June 2012, which was amended in July 2012. Timothy filed timely objections to the magistrate's decision, claiming the magistrate's award of spousal support is not supported by the evidence, the visitation provisions are unreasonable, the distribution of marital property is inequitable, and the support calculations are unreasonable. However, Timothy did not file a trial transcript or an affidavit with his objections as required by Civ.R. 53(D)(3)(b)(iii).[2] The trial court overruled Timothy's objections and adopted the magistrate's decision in August 2012, which was corrected by a nunc pro tunc order in September 2012.

{¶3} Timothy now appeals, raising the following five assignments of error for review.

Assignment of Error One
The trial court erred in failing to consider [Veronica's] voluntary unemployment and/or underemployment prior to awarding spousal support.
Assignment of Error Two
The trial court erred by not reserving jurisdiction to modify spousal support.
Assignment of Error Three
The trial court erred by failing to expand [Timothy's] visitation with the ...

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