Rosenfeld v. Rosenfeld

Decision Date07 July 1976
Docket NumberNos. 75-144,75-197 and 75-482,s. 75-144
Citation47 Ohio St.2d 12,351 N.E.2d 181
Parties, 1 O.O.3d 8 ROSENFELD, Appellee, v. ROSENFELD, Appellant. PAPPAS, Appellee, v. PAPPAS, Appellant. KACIK, Appellee, v. KACIK, Appellant.
CourtOhio Supreme Court

Shapiro, Kendis & Assoc. Co., L.P.A., and Sheldon E. Baskin, Cleveland, for appellee Bernard S. Rosenfeld.

Snyder, Neff & Chamberlin, Owen C. Neff, and Edward J. Kirk, Cleveland, for appellant Marcia Rosenfeld.

Tyack, Scott & Colley, Paul A. Scott, Thomas M. Tyack and G. Gary Tyack, Columbus, for appellee Ann M. Pappas.

Stuart A. Benis and William S. Lazarow, Columbus, for appellant Theodore C. Pappas.

Timothy J. Koral, Cleveland, for appellee Leonard J. Kacik.

Lograsso & Longley, Peter P. Lograsso, Cleveland, Loveland & Callard and James H. Callard, Columbus, for appellant Dorothy M. Kacik.

PER CURIAM.

The sole factor and consideration which distinguishes these cases from the analysis in Nokes v. Nokes (1976) 47 Ohio St.2d 1, 351 N.E.2d 174, decided this day, is that such support order was formulated by incorporating parental separation agreements into the divorce decree.

Inasmuch as under Ohio Law, a separation agreement of the parties loses its nature as a contract the moment it is adopted by the court and incorporated into a decree of divorce, we find that such distinguishing factor is of insufficient force to prevent the application hereto of the principles enunciated in Nokes.

Therefore, in light of Nokes, the judgment in case No. 75-197 is affirmed and the judgments in cases Nos. 75-144 and 75-482 are reversed.

Judgment affirmed in case No. 75-197. Judgment reversed in cases Nos. 75-144 and 75-482.

C. WILLIAM O'NEILL, C. J., and POTTER, STERN, WILLIAM B. BROWN and PAUL W. BROWN, JJ., concur.

J. J. P. CORRIGAN and CELEBREZZE, JJ., dissent.

POTTER, J., of the Sixth Appellate District, sitting for HERBERT, J.

CELEBREZZE, Justice, dissenting.

I dissent from the judgments herein for the reasons expressed in my dissenting opinion in Nokes v. Nokes (1976), 47 Ohio St.2d 1, 351 N.E.2d 174 decided this day.

* R.C. 3103.03 and 3109.01 were amended by the same Act, R.C. 3103.03 now reads, in part:

'The husband must support * * * his minor children * * *.'

'Notwithstanding section 3109.01 of the Revised Code, the parental duty of support to children shall continue so long as the child continuously attends a full-time basis any recognized and accredited high school, even when such child has attained the age of majority. Such duty of support shall continue during seasonal vacation periods.'

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36 cases
  • Nokes v. Nokes
    • United States
    • Ohio Supreme Court
    • July 7, 1976
    ...O.O.3d 1 NOKES, Appellee, v. NOKES, Appellant. No. 76-59. Supreme Court of Ohio. July 7, 1976. This cause, like Rosenfeld v. Rosenfeld (1976), 47 Ohio St.2d 12, 351 N.E.2d 181, decided this day, arises out of a pre-1974 divorce decree providing for the support of minor children by their fat......
  • Hayes v. Comm'r of Internal Revenue
    • United States
    • U.S. Tax Court
    • December 29, 1993
    ...merge with that judgment, lose their contractual character, and become enforceable only as part of that judgment. Rosenfeld v. Rosenfeld, 351 N.E.2d 181 (Ohio 1976); Greiner v. Greiner, 399 N.E.2d 571, 578 (Ohio App.1979); Bugay v. Bugay, 373 N.E.2d 1263, 1265 (Ohio App.1977). 8. However, a......
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    • Ohio Court of Appeals
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  • Milton R. Moores v. Patricia F. Moores
    • United States
    • Ohio Court of Appeals
    • October 13, 1988
    ...(Dissent cited with approval in Nokes, supra.) However, R.C. 3105.10, enacted after Miller, Robrock and Thiessen, but before Nokes and Rosenfeld, seems to indicate that the court did have jurisdiction to hear the case at hand. That statute says, at R.C. 3105.10(B): A separation agreement pr......
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