FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. DR-2014-09-2667
A. LOWRY, Attorney at Law, for Appellant.
KENNETH L. GIBSON, Attorney at Law, for Appellant.
S. GRASKE, Attorney at Law, for Appellee.
DECISION AND JOURNAL ENTRY
A. TEODOSIO JUDGE.
Appellant, Lien Nguyen, appeals from the decree of divorce
entered by the Summit County Court of Common Pleas Domestic
Relations Division that found spousal support was not
appropriate and reasonable. We reverse and remand.
In May 2016, a trial was conducted as to the divorce of Ms.
Lien Nguyen and Mr. Michael Coy. On June 29, 2016, the trial
court entered its decree of divorce, granting a divorce on
the grounds of incompatibility, and finding that spousal
support was not appropriate and reasonable. Ms. Nguyen now
appeals, raising one assignment of error.
TRIAL COURT ABUSED ITS DISCRETION IN DETERMINING THAT SPOUSAL
SUPPORT WAS NOT REASONABLE AND APPROPRIATE.
Ms. Nguyen argues the trial court abused its discretion in
determining that spousal support was not reasonable and
appropriate. We agree. We note that Ms. Nguyen presents us
with two separate arguments as to why the trial courts
determination was an abuse of discretion: first, that the
court erred in its application of law as to the relative
income of the parties, and second, that the court erred in
determining the actual income of the parties. Because we
conclude the trial court abused its discretion with regard to
the first issue, we decline to address Ms. Nguyen's
second line of argument.
A trial court's award of spousal support is reviewed for
an abuse of discretion. Organ v. Organ, 9th Dist.
Summit No. 26904, 2014-Ohio-3474, ¶ 6. An abuse of
discretion is more than an error of judgment; it means that
the trial court was unreasonable, arbitrary, or
unconscionable in its ruling. Blakemore v.
Blakemore, 5 Ohio St.3d 217, 219 (1983). When applying
this standard, a reviewing court is precluded from simply
substituting its own judgment for that of the trial court.
Pons v. Ohio State Med. Bd., 66 Ohio St.3d 619, 621
"In determining whether spousal support is appropriate
and reasonable, " the court shall consider the factors
listed in Section 3105.18(C)(1)(a-n). R.C. 3105.18(C)(1). One
of the factors that a court must consider in determining
spousal support is the ...