2018 Ohio 1001
Ohio Ct. App.2018Background
- Mother filed for allocation of parental rights and child support; parties entered a shared parenting plan for parenting time and custody issues.
- An evidentiary hearing addressed economic issues, including child support and birth-related expenses; magistrate awarded father half the birthing expenses and set child support at $2,984.70/month for late 2015 and $4,372.32/month beginning January 2016.
- Magistrate calculated father’s 2016 gross income by averaging his commissions (2014–2016) with his base salary, resulting in combined parental adjusted gross income of $499,807.84 and father bearing ~72.55% of income.
- Trial court adopted the magistrate’s decision; father objected, arguing the court improperly included 2016 commissions and improperly extrapolated support above the statutory schedule for high-income parents.
- The trial court overruled objections; father appealed, challenging only the child support calculation.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| Whether trial court improperly included 2016 commissions in father’s gross income | Court properly relied on presented evidence including 2016 pay stubs; averaging was appropriate | Inclusion of 2016 commissions violated R.C. 3119.05(D); should average 2013–2015 commissions | Court affirmed: commissions could be averaged under R.C. 3119.05(H); competent evidence supported use of 2016 income |
| Whether court erred by using extrapolation from child support schedule when combined income > $150,000 | Extrapolation acceptable if court conducts case-by-case analysis per R.C. 3119.04(B) | Extrapolation substitutes for required case-by-case analysis and can be improper in high incomes | Court affirmed: use of extrapolation is not per se erroneous when accompanied by case-by-case findings; trial court complied with R.C. 3119.04(B) |
Key Cases Cited
- Dunbar v. Dunbar, 68 Ohio St.3d 369 (Ohio 1994) (standard for appellate review of child support matters and trial-court discretion)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (definition of abuse of discretion)
- Lanham v. Mierzwiak, 197 Ohio App.3d 426 (Ohio Ct. App.) (describing the extrapolation method for high-income child support calculations)