Court of Appeals of Ohio, Fifth District, Guernsey
from the Guernsey County Court of Common Pleas, Domestic
Relations Division, Case No. 17-DR-000643
Plaintiff-Appellee: STEPHANIE L. CHURCH
Defendant-Appellant: BRETT H. HILLYER
W. Scott Gwin, P.J. Hon. Patricia A. Delaney, J. Hon. Earle
E. Wise, Jr., J.
Defendant-Appellant Joshua Colvin appeals the May 7, 2018
Decree of Divorce and August 23, 2018 judgment entry denying
his objections to the magistrate's decision of the
Guernsey County Court of Common Pleas, Domestic Relations
AND PROCEDURAL HISTORY
Plaintiff-Appellee Breanna Colvin and Defendant-Appellant
Joshua Colvin were married on June 30, 2012. One child was
born as issue of the marriage on October 9, 2014.
Wife filed a complaint for divorce on November 20, 2017. On
November 20, 2017, the trial court ordered Husband to pay
Wife $2, 500.00 in attorney fees. The trial court further
ordered Husband to make the car payments on Wife's Ford
A trial was held on May 1, 2018. The following evidence was
adduced at the trial.
Husband and Wife did not own any real estate. The parties
resided in a home owned by Husband's family and did not
pay rent. After the parties separated, Husband remained in
the marital residence and Wife moved in with her parents.
During the marriage, the parties purchased two automobiles:
(1) a 2013 Ford Explorer valued at $18, 000 with a loan
balance of $23, 478.87 as of April 19, 2018 and (2) a 2017
Ford Raptor truck valued at $60, 000 with a loan balance of
$73, 000. The vehicles were titled in Husband's name. The
monthly payment on the Ford Explorer was $550.00. The monthly
payment on the Ford Raptor was $1, 300.00. Pursuant to the
temporary orders, Husband was ordered to maintain payments on
the Ford Explorer. At trial, Wife requested the trial court
order Husband to maintain payments on the Ford Explorer in
lieu of spousal support.
At the time of the trial, Wife was employed at Genesis as a
modality assistant in the radiology department. Wife earned
$13.13 per hour and her total gross income was $27, 310.40.
Wife did not consistently work outside of the home during the
At the time of the trial, Husband worked for Stingray
Pressure Pumping. Husband previously worked for Telling
Industries earning approximately $25, 000 and Peta Industries
earning $4, 000.00. Husband initially earned $19.08 per hour
at Stingray and received a raise in November 2017, increasing
his wage to $25.18 per hour. He earned $60.00 per day as per
diem and overtime wages. In 2017, Husband's total income
reported on his W-2 was $81, 841.30. His gross income for
2017 was $93, 450.30.
Husband admitted at trial that he did not make the payment of
$2, 500.00 for Wife's attorney fees as ordered by the
trial court on November 20, 2017.
The magistrate issued her decision on May 7, 2018. The
magistrate's decision named Wife as the residential
parent and legal custodian of the minor child. Wife was
awarded the Ford Explorer free and clear of any interest of
Husband, but Husband was ordered to pay the loan on the
vehicle for 24 months or until paid in full, whichever came
first. Husband was further ordered to pay Wife $2, 500.00 as
and for her attorney fees, as the trial court had previously
The Final Decree of Divorce was filed on May 7, 2018.
On May 11, 2018, Husband filed objections to the
magistrate's decision. He argued the trial court erred in
ordering Husband to make the car payments on the Ford
Explorer for Wife because it was spousal support. Husband
contended it was inequitable to consider his current income
because his salary increased shortly before Wife filed her
complaint for divorce. Husband further argued it was error to
order spousal support in a marriage of such short duration.
Husband filed supplemental objections to the magistrate's
decision on August 10, 2018, again contending it was error to
use Husband's current income. He next argued the trial
court should have ordered a deviation in his child support
obligation because Wife and Husband had nearly 50/50
On August 23, 2018, the trial court overruled Husband's
objections to the magistrate's decision.
It is from these judgments Husband now appeals.
Husband raises four Assignments of Error:
"I. WHETHER THE TRIAL COURT ERRORED [SIC] IN AWARDING
PLAINTIFF ATTORNEY FEES IN THE AMOUNT OF $2, 500.
"WHETHER THE TRIAL COURT ERRORED [SIC] IN AWARDING THE
PLAINTIFF 24 MONTHS OF PAYMENTS (AS SPOUSAL SUPPORT) TOWARDS
HER 2013 FORD EXPLORER, AS WELL AS NOT CREDITING THE
PLAINTIFF SEVERAL MONTHS OF PAYMENTS HE MADE ON THE VEHICLE
FOR TEMPORARY SUPPORT.
"III. WHETHER THE TRIAL COURT ERRORED [SIC] IN AWARDING
PLAINTIFF SPOUSAL SUPPORT IN THE FORM OF PAYMENTS WHILE USING
INCOME FIGURES FOR DEFENDANT HUSBAND THAT INCLUDED A