Knapp v. Knapp

In McClain v. McClain (1984), 15 Ohio St. 3d 289, we held in the syllabus:

*144“A court of common pleas does not have jurisdiction to modify a provision for periodic sustenance alimony payments contained within a dissolution of marriage decree.”

McClain was decided on the basis of R.C. 3105.65(B). Today, we are called upon to decide whether the holding in McClain can be circumvented by a motion filed pursuant to Civ. R. 60(B)(4). Specifically, we must decide whether the trial court had authority, pursuant to Civ. R. 60(B)(4), to modify the alimony provision in the dissolution decree.

I

Before turning…