Court of Appeals of Ohio, Fifth District, Fairfield
LINDA A. KATCHMAR Plaintiff-Appellee
KEVIN C. KATCHMAR Defendant-Appellant
from the Fairfield County Court of Common Pleas, Domestic
Relations Division Case No. 14 DR 440
Plaintiff-Appellee: CHARLES M. ELSEA, SANDRA W. DAVIS.
Defendant-Appellant: GARY J. GOTTFRIED, ERIC M. BROWN.
Patricia A. Delaney, P.J., Hon. John W. Wise, J., Hon. Earle
E. Wise, Jr., J.
Defendant-Appellant Kevin C. Katchmar appeals the September
14, 2016 judgment entry of the Fairfield County Court of
Common Pleas, Domestic Relations Division.
AND PROCEDURAL HISTORY
Defendant-Appellant Kevin C. Katchmar and Plaintiff-Appellee
Linda A. Katchmar were married on February 27, 1987. Two
children were born as issue of the marriage, but are now
emancipated. Wife filed a complaint for divorce on October
31, 2014. Husband counterclaimed for divorce on December 2,
Husband and Wife entered into an agreement on July 29, 2016
to divide the majority of their assets and debts. The
remaining issues before the trial court were the division of
a College Advantage account and spousal support. The only
issue on appeal is the award of spousal support. The trial
court held a bench trial and the following evidence in
relation to spousal support was adduced at trial.
Husband was born in 1956 and at the time of the trial,
Husband was 59 years old. Husband graduated from college in
1978 with a degree in criminology. Husband's early career
was to provide retail store security. In 1985, Husband began
working for the Limited Brand Stores in retail security. His
highest position with Limited with the Director of Loss
Prevention. The Loss Prevention unit was sold to New York
& Company. Husband remained with the division and became
the Vice President of Loss Prevention for New York &
While working for New York & Company, Husband traveled
around the country to 500 stores to manage store security
issues. Part of his job responsibilities included hiring and
firing people. He also provided security for the CEO of New
York & Company.
Pursuant to Husband's Social Security Statement admitted
into evidence as Wife's Exhibit 8, Husband has earned
over $50, 000 in income since 1990. From 1997 to 2013,
Husband earned over $100, 000 in Medicare earnings. From 2010
to 2013, Husband earned over $200, 000 in Medicare earnings.
Wife was born in 1960. She graduated from college in 1982
with a degree in retail and she began working in retail in
1983. From 1989 to 1990, Wife worked as a financial
planner/internal buyer for Victoria's Secret earning an
annual salary of $35, 000. When Husband was transferred to
the East Coast in 1990, Wife and Husband agreed Wife would
not work outside of the home. Husband provided financially
for Wife and children, and the family lived a comfortable
lifestyle. In 2009, Wife was hired as an office assistant at
a school. She was paid less than $10, 000 per year for that
position. Wife later moved to the school secretary position.
In 2015, Wife's income was $30, 530.71. At the time of
the trial, Wife was given a new contract by the school board
to become a twelvemonth employee. Wife's annual salary
would increase to $39, 104.
On July 13, 2015, New York & Company terminated
Husband's employment. Husband and New York & Company
entered into a separation agreement where New York &
Company would pay Husband $4, 250.00 per week until July 22,
2016. As part of Husband's employment benefits, New York
& Company had leased a car for Husband. New York &
Company bought out the lease when Husband was terminated and
Husband was permitted to keep the car.
Husband testified that as of July 22, 2016, he has received
no income from any other source of employment.
In 2014 or 2015, Husband enrolled in Heritage College to
complete a program in massage therapy. Husband borrowed
approximately $14, 000 from a friend to pay for the program.
At the time of the trial, Husband had taken the state
licensing exam to become a licensed massage therapy. It was
Husband's intent to be self-employed as a massage
therapist and operate a wellness clinic. Wife testified the
first time she became ...