R.C. 3105.73 Interpretation
In Bawa v. Bawa, Delaware App. No. 2005CAF070046, 2006 Ohio 2522., this court cited R.C. 3105.73, which provides in any post-decree motion or proceeding rising out of an action for divorce, the trial court may award all or part of reasonable attorney fees and litigation expenses to either party if the court finds the award is equitable, considering the parties' income, their conduct, and any other relevant factor the court deems appropriate. Bawa at paragraph 139.
The Court further found the award of fees lies within the sound discretion of the court, Bawa at 142 citing Rand v. Rand (1985), 18 Ohio St. 3d 356, 18 Ohio B. 415, 481 N.E. 2d 609.
The Supreme Court has repeatedly defined the term "abuse of discretion" as implying the court's attitude is unreasonable, arbitrary, or unconscionable, see, e.g. Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 5 Ohio B. 481, 450 N.E.2d 1140.