[Cite as Haas v. Haas, 2012-Ohio-5649.]

STATE OF OHIO ) IN THE COURT OF APPEALS 

 )ss: NINTH JUDICIAL DISTRICT 

COUNTY OF SUMMIT ) 

CAROLYN M. HAAS 

 Appellee 

 v. 

DAVID G. HAAS, D.D.S. 

 Appellant 

C.A. No. 26305 

APPEAL FROM JUDGMENT 

ENTERED IN THE 

COURT OF COMMON PLEAS 

COUNTY OF SUMMIT, OHIO 

CASE No. 1989-08-1917 

DECISION AND JOURNAL ENTRY

Dated: December 5, 2012 

 

BELFANCE, Judge. 

{¶1} Appellant David Haas, D.D.S., appeals from the judgment of the Summit County 

Court of Common Pleas, Domestic Relations Division, which overruled his objections to the 

magistrate’s decision and entered judgment accordingly. For the reasons set forth below, we 

reverse. 

I. 

{¶2} This Court previously summarized portions of the history of this matter in Haas v. 

Haas, 9th Dist. No. 15239, 1992 WL 103738, *1 (May 13, 1992): 

Dr. Haas * * * and Carolyn Haas * * * were married on June 2, 1962, while [Dr. 

Haas] was working on his dentistry degree. During part of his schooling, [Ms. 

Haas] worked as a nurse. [Dr. Haas] received his degree in dentistry in 1964 and 

his certification in orthodontia in 1968. They then moved to Akron, where [Dr. 

Haas] established a professional corporation known as David G. Haas, D.D.S., 

Inc. [Ms. Haas] was responsible for caring for their three children. All three 

children are now emancipated * * * . 

[Ms. Haas] began working for the orthodontic practice in 1976 as a receptionist 

and communications consultant. She also attended seminars and conferences with 
2 

 

[Dr. Haas] to learn how to improve the business. She worked for the practice for 

twelve years. 

In May 1989, [Dr. Haas] told [Ms. Haas] that he no longer wanted to be married 

to her. After [Dr. Haas] and [Ms. Haas] attempted marital counseling for almost 

three months, [Ms. Haas] filed for a legal separation on August 18, 1989. [Dr. 

Haas] filed an answer and counterclaim, requesting that the court grant a divorce. 

After a trial, the court granted the parties a divorce and equally divided the value 

of all marital property, which included the orthodontic practice. The court also 

awarded [Ms. Haas] $2500 per month in spousal support. 

{¶3} This Court affirmed the trial court’s judgment with respect to the divorce decree. 

Id. at *3. Subsequently, Dr. Haas filed a motion to modify spousal support, which was granted, 

and spousal support was reduced to $1700 per month. 

{¶4} On September 30, 2010, Ms. Haas filed a motion to modify spousal support, 

seeking an increase in the award. On January 14, 2011, Dr. Haas filed a motion to terminate 

spousal support. The matter was heard by a magistrate who filed a decision increasing the award 

of spousal support to $2500. Dr. Haas filed objections. The trial court overruled Dr. Haas’ 

objections and awarded Ms. Haas $2500 per month in spousal support. Dr. Haas has appealed, 

raising a single assignment of error for our review. 

II. 

RAISING THE APPELLANT’S MONTHLY SPOUSAL SUPPORT 

OBLIGATION TO THE APPELLEE IS AN ABUSE OF DISCRETION AND 

CONTRARY TO THE MANIFEST WEIGHT OF THE EVIDENCE. 

{¶5} Dr. Haas asserts that the trial court abused its discretion in increasing Ms. Haas’ 

award of spousal support to $2500 and that its judgment is against the manifest weight of the 

evidence. We agree, although for reasons other than those articulated by Dr. Haas. 

A trial court lacks jurisdiction to modify a prior order of spousal support unless 

the decree of the court expressly reserved jurisdiction to make the modification 

and unless the court finds (1) that a substantial change in circumstances has 

occurred and (2) that the change was not contemplated at the time of the original 

decree. 
3 

 

Mandelbaum v. Mandelbaum, 121 Ohio St.3d 433, 2009-Ohio-1222, paragraph two of the 

syllabus. 

{¶6} In the instant matter, while the divorce decree did expressly reserve jurisdiction to 

modify spousal support and the trial court found that a substantial change of circumstances had 

occurred, the trial court failed to conclude that the change was not contemplated at the time of 

the prior order. Instead, the trial court concluded that “[t]he issue of whether the changes were 

contemplated by the parties is not relevant where the parties[] did not enter into a separation 

agreement.” We see no indication in Mandelbaum that the Supreme Court intended that its 

holding would apply only to situations involving settlement agreements. See id. at ¶ 32 

(“Moreover, the change in circumstances must be one that had not been contemplated and taken 

into account by the parties or the court at the time of the prior order.”) (Emphasis added.). 

{¶7} Accordingly, because the trial court failed to make the requisite findings 

necessary to establish its jurisdiction over the matter as contemplated by Mandelbaum, the trial 

court erred in proceeding to determine that the existing support order should be modified. See

Mandelbaum at paragraph two of the syllabus; Tufts v. Tufts, 9th Dist. No. 24871, 2010-Ohio641, ¶ 11; Johns v. Johns, 9th Dist. No. 24704, 2009-Ohio-5798, ¶ 9-10. We take no position on 

the propriety of the amount of the spousal support award. Dr. Haas’ assignment of error is 

sustained, and the matter is remanded for proceedings consistent with this opinion. 

III. 

{¶8} In light of the foregoing, we reverse the judgment of the Summit County Court of 

Common Pleas, Domestic Relations Division, and remand the matter for proceedings consistent 

with this opinion. 

Judgment reversed, 

and cause remanded. 
4 

 

 There were reasonable grounds for this appeal. 

 We order that a special mandate issue out of this Court, directing the Court of Common 

Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy 

of this journal entry shall constitute the mandate, pursuant to App.R. 27. 

 Immediately upon the filing hereof, this document shall constitute the journal entry of 

judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the 

period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is 

instructed to mail a notice of entry of this judgment to the parties and to make a notation of the 

mailing in the docket, pursuant to App.R. 30. 

 Costs taxed to Appellee. 

 

 EVE V. BELFANCE 

 FOR THE COURT 

MOORE, P.J. 

DICKINSON, J. 

CONCUR.

APPEARANCES:

HANK F. MEYER, Attorney at Law, for Appellant. 

STEVEN B. BERANEK, Attorney at Law, for Appellee.