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Schaad v. Schaad

Court of Appeals of Ohio, Fifth District, Morgan

June 19, 2019

BARBARA J. SCHAAD Plaintiff-Appellee
v.
ROGER F. SCHAAD Defendant-Appellant

          Appeal from the Court of Common Pleas, Domestic Relations Division, Case No. CV05-098

          FOR PLAINTIFF-APPELLEE DEBORA WITTEN

          FOR DEFENDANT-APPELLANT MILES D. FRIES

          Hon. William B. Hoffman, P.J. Hon. Patricia A. Delaney, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, Earle, J.

         {¶ 1} Defendant-Appellant, Roger F. Schaad, appeals the August 29, 2018 order of the Court of Common Pleas of Morgan County, Ohio, Domestic Relations Division, vacating a 2007 property division order on the STRS pension benefits of Plaintiff-Appellee, Barbara J. Schaad.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} Appellant and appellee were divorced via decree filed April 13, 2006. The decree indicated the parties had reached an agreement regarding all of the pending issues. Pursuant to the decree, appellant was to receive fifty percent of appellee's STRS pension after his share was reduced by a social security offset as calculated by Pension Evaluators. A division of property order regarding the pension was filed on June 20, 2007. Pursuant to the order, appellant was to receive 43.27 percent of a fraction of appellee's periodic benefit or lump sum payment calculated at the time she elected to start receiving benefits. After appellee retired on July 1, 2010, appellant started receiving a gross amount of $1, 188.66 per month.

         {¶ 3} On February 20, 2018, appellee filed a motion, claiming the calculation of the marital portion of the pension was inaccurately determined and as a result, appellant received an overpayment. Appellee asked the trial court to recalculate the marital portion of the parties' retirement benefits, sought a reimbursement for overpayments, and requested termination of the order dividing her STRS pension benefits. A hearing was held on July 9, 2018. By order filed August 29, 2018, the trial court vacated the division of property order, acknowledged an overpayment in the amount of $8, 320.62, and ordered appellant to pay appellee "five hundred forty dollars and forty-eight cents ($583.69) each month as long as Plaintiff lives" to equalize their monthly incomes.

         {¶ 4} Appellant filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:

         I

         {¶ 5} "THE TRIAL COURT EXCEEDED ITS CONTINUING JURISDICTION OVER THE DIVISION OF PROPERTY ORDER BY VACATING IT, CONTRARY TO THE INTENT AND TERMS OF THE DIVORCE DECREE."

         II

         {¶ 6} "TRIAL COURT ERRED IN AWARDING SPOUSAL SUPPORT TO THE APPELLEE WHEN THERE WAS NO RESERVATION OF JURISDICTION ...


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