BRANDNER v. BRANDNER

No. CA2011-07-136.

2012 Ohio 3043

SUSAN BRANDNER, Plaintiff-Appellant, v. DAVID S. BRANDNER, Defendant-Appellee.

Court of Appeals of Ohio, Twelfth District, Butler County.

July 2, 2012.


Attorney(s) appearing for the Case

John D. Smith Co., LPA, Andrew P. Meier , 140 North Main Street, Suite B, Springboro, Ohio 45066, for plaintiff-appellant.

Jacqueline M. Handorf , 5740 Gateway Boulevard, Suite 202, Mason, Ohio 45040, for plaintiff-appellant.

Fiehrer & Fritsch, LLC, Lawrence P. Fiehrer , Robinson-Schwenn Building, 10 Journal Square, Suite 400, Hamilton, Ohio 45011-3459, for defendant-appellee.


OPINION

POWELL, P.J.

{¶ 1} The question posed in this appeal is whether the money paid to a husband for a noncompete provision of the sale of his business should be excluded from his income calculations in the decision to modify his child and spousal support obligations. We find the determination of income for spousal support is not limited by the nonrecurring income exception of R.C. 3119.01 and reverse part of the trial court's decision...

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