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Lee v. Lee

Court of Appeals of Ohio, Fifth District, Delaware

June 25, 2013

PETER SANGDON LEE Plaintiff-Appellant
v.
JESSICA Y. LEE Defendant-Appellee

Appeal from the Delaware County Court of Common Pleas, Domestic Relations Division, Case No. 10-DR-A-12-639

For Plaintiff-Appellant ANDREW S. GROSSMAN

For Defendant-Appellee DAVID J. GORDON

Hon. W. Scott Gwin, P.J. Hon. Sheila G. Farmer, J. Hon. Craig R. Baldwin, J.

OPINION

HON. CRAIG R. BALDWIN

{¶1} Plaintiff-appellant Peter Sangdon Lee appeals from the August 23, 2012 Judgment Entry Decree of Divorce issued by the Delaware County Court of Common Pleas Domestic Relations Division.

STATEMENT OF THE FACTS AND CASE

{¶2} Appellant Peter Sangdon Lee and appellee Jessica Young Lee were married on March 11, 2000. Two children were born as issue of such marriage, namely, Eunice Y. Lee (DOB 4/22/04) and Abigail H. Lee (DOB 10/24/06).

{¶3} On December 13, 2010, appellee filed a complaint for divorce against appellant. Appellant filed an answer and counterclaim on January 4, 2011. A trial before a Magistrate was held on November 2, 2011.

{¶4} At the trial, appellee testified that she had a Bachelor of Arts degree in fine art from the Fashion Institute of Technology in New York and that appellant had a four year degree from a University in Korea and a two year degree from Brooklyn Tech. Appellant studied to be a dental lab technician. Appellee testified that she paid for appellant's two year degree while working full time.

{¶5} At the time of the parties' marriage, appellee was working as an associate designer at Liz Claiborne earning $45, 000.00 a year. Appellee testified that she worked there for two and a half years before working for approximately one year for a small company called Peninsula in New York. Appellee left Peninsula in 2003 and then worked for DZ Group in New York City. She worked there for approximately two and a half years and earned $65, 000.00 a year. After being let go after about a year, appellee worked as a freelancer earning in the $60, 000 range for approximately one year.

{¶6} In late 2005, appellee moved from New York to New Albany, Ohio to work for Abercrombie and Fitch where she earned $87, 500.00 a year. Appellee testified that she worked there for five years and three months before being terminated in February of 2011 for not meeting company standards. According to appellee, she began working for Mast Industry in April of 2011 earning $96, 000.00 a year.

{¶7} Appellee testified that, when the parties married, appellant was working as a dental lab technician in Connecticut and was earning approximately $18, 000.00 to $20, 000.00 a year before he was terminated in 2000. She testified that appellant was unemployed for awhile and that they decided that he should attend a two year dental lab technician training program at Brooklyn Tech so that he could obtain a certificate to work as a dental lab technician. Appellant attended the school from 2001 through 2003. After finishing the course, appellant worked for about a year at Jason Kim Dental before, in 2004, becoming employed by Bayside Dental Lab in Bayside, New York. Appellee did not recall how much appellant made at Bayside, but testified that he worked there for one to one and a half years before quitting because he was unhappy.

{¶8} Appellee testified that appellant then worked for Prime Dental in New York where he made $500.00 to $600.00 a week as a subcontractor until the parties moved to Ohio. She testified that appellant then worked for a company in Dublin, Ohio earning $13.00 an hour and that he averaged about 40 hours a week.

{ΒΆ9} In Ohio, the parties formed a dental lab company called Limelite Service, Inc. Appellee was the bookkeeper for the company and acted a liaison with dentists. According to appellee, the company had $10, 000.00 a month in sales for two or three months and then business dried up and stopped. The lab made approximately ...


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