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Kazakis v. Kazakis

Court of Appeals of Ohio, Fifth District

September 23, 2013

ROSE KAZAKIS Plaintiff-Appellee/Cross-Appellant
v.
PETER KAZAKIS Defendant-Appellant/Cross-Appellee

Appeal from the Court of Common Pleas, Domestic Relations Division, Case No. 2011-DR-01572

For Plaintiff-Appellee ROSEMARY G. RUBIN.

For Defendant-Appellant STANLEY R. RUBIN.

JUDGES: Hon. Sheila G. Farmer, P.J., Hon. John W. Wise, J., Hon. Craig R. Baldwin, J.

OPINION

Farmer, P.J.

(¶1} Appellant, Peter Kazakis, and appellee, Rose Kazakis, were married on April 23, 1977. On December 19, 2011, appellee filed a complaint for divorce. A hearing before a magistrate was held on September 6, 2012. By decision filed October 15, 2012, the magistrate recommended the granting of a divorce, a division of property, and a spousal support award to appellee. Both parties filed objections. By judgment entry filed November 29, 2012, the trial court denied the objections and approved and adopted the magistrate's decision.

(¶2} Appellant filed an appeal and assigned the following errors:

I

(¶3} "THE TRIAL COURT ERRED IN COUNTING THE APPELLANT'S PENSION TWICE; FIRST AS A MARITAL ASSET SUBJECT TO EQUAL DIVISION AND THEN AGAIN AS INCOME IN MAKING AN AWARD OF SPOUSAL SUPPORT."

II

(¶4} "THE TRIAL COURT'S METHOD FOR DIVIDING THE APPELLANT'S POLICE AND FIRE PENSION RESULTED IN AN INEQUITABLE DIVISION OF MARITAL ASSETS."

III

(¶5} "THE TRIAL COURT'S SPOUSAL SUPPORT AWARD WAS NOT APPROPRIATE AND REASONABLE."

IV

(¶6} "THE TRIAL COURT ERRED IN FAILING TO CONSIDER THE DISTRIBUTIVE AWARD WHEN MAKING ITS AWARD OF SPOUSAL SUPPORT."

(¶7} Appellee filed a cross-appeal and assigned the following error: CROSS-ASSIGNMENT OF ERROR I

(¶8} "THE TRIAL COURT ERRED IN FAILING TO CONSIDER THE VETERANS' DISABILITY PENSION OF THE APPELLANT IN DETERMINING THE AMOUNT OF SPOUSAL SUPPORT."

(ΒΆ9} This matter is now before this court ...


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