Batcher v. Pierce, 2013 Ohio 4677

Mother appeals from a judgment modifying child and spousal support and preserving the shared parenting plan (SPP).
Father sought to terminate spousal support earlier; parties later stipulated termination upon Mother's remarriage; SPP provided equal time with the four children.
A magistrate issued a decision denying termination of the SPP, terminating Father’s spousal support, and setting child support at $1,080.50/month; trial court adopted this decision.
Record lacked the original child-support worksheet; court applied a deviation from guidelines based on equal parenting time and shared living expenses.
Court found a $12,966 annual support (with insurance) or $12,829 (without insurance) would be unjust and approved a deviation to about half that amount; court did not sufficiently justify factors for deviation.
Mother challenges both the child-support amount and the decision to retain the SPP, arguing a proper change-of-circumstances analysis and best-interests analysis were required.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court properly deviated from the guideline child support amount.	Batcher contends the 50% reduction lacks a proper ten-percent-change analysis and justification.	Pierce argues deviation was permitted under R.C. 3119.23 and related provisions given parenting time and living expenses.	The trial court abused its discretion; no adequate change-of-circumstances analysis or justification for deviation was shown.
Whether the trial court properly terminated or retained the SPP based on best interests.	Batcher asserts the SPP should be terminated due to best interests and change in circumstances.	Pierce argues the court correctly retained the SPP after evaluating best interests and noting ongoing good relationships.	The court did not abuse its discretion; SPP preservation was affirmed, but the case remanded for proper support analysis.

Bajzer v. Bajzer, 2012-Ohio-252 (Ohio-2012) (guidelines starting point when combined income exceeds $150,000; deviation requires justification)
Kannan v. Kay, 2012-Ohio-2478 (Ohio-2012) (no automatic credit for time with child; determine support by standard of living and best interest)
Irish v. Irish, 2011-Ohio-3111 (Ohio-2011) (equal parenting time does not automatically reduce support; consider living standards)
Farmer v. Farmer, 2004-Ohio-4449 (Ohio-2004) (change of circumstances required to modify; 10% test for recalculation)
Wells v. Wells, 2012-Ohio-1392 (Ohio-2012) (abuse of discretion if standard-of-living evidence not considered in award)