Bosch v. Bosch
2017 Ohio 7308
Ohio Ct. App.2017Background
- Nicholas Bosch (Father) and Kelly Bosch (Mother) divorced after separation in 2013; the trial focused solely on financial issues, including child support.
- Father represented himself at the March 14, 2016 magistrate trial, presented no evidence of his current or prior income, declined to testify, and rested.
- Mother introduced W-2/tax payroll records from Father’s last known employer, Scioto Ready Mix, showing gross earnings of $70,976.48 for an approximate 12-month period (June 30, 2013–June 20, 2014).
- The magistrate imputed income to Father of $70,976.48 for child support, concluding Father was voluntarily underemployed and that available evidence (the employer records) supported imputation.
- Father filed objections and supplemental objections raising additional evidence and arguments that he had not presented at trial; the trial court denied the objections and adopted the magistrate’s decision.
- Father appealed, arguing the trial court abused its discretion by imputing $70,000 (approx.) annual income and failing to apply the R.C. 3119.01(C)(11) factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court abused its discretion by imputing $70,976.48 annual income to Father for child support | Father: No evidence at trial showed he was voluntarily underemployed or that imputation was appropriate; court failed to consider statutory factors | Mother: Employer payroll/W-2 records were admissible evidence of prior earnings; Father offered no contrary evidence and declined to testify | Court affirmed: imputation upheld; magistrate reasonably found voluntary underemployment and relied on available wage records |
| Whether the trial court had to state specific R.C. 3119.01(C)(11) factor analysis using "magic language" | Father: Trial court failed to apply or articulate statutory factor analysis | Mother: No special phrasing required; trial court need only make a reasoned finding based on the record | Court held no "magic language" required; magistrate’s findings sufficiently addressed voluntary underemployment and supported imputation |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard: court attitude unreasonable, arbitrary, or unconscionable)
- Holcomb v. Holcomb, 44 Ohio St.3d 128 (Ohio 1989) (appellate court may not substitute its judgment for trial court when reviewing domestic relations matters)
- Rock v. Cabral, 67 Ohio St.3d 108 (Ohio 1993) (courts weigh circumstances of each case when imputing income)
- Woloch v. Foster, 98 Ohio App.3d 86 (Ohio Ct. App. 1994) (imputation requires consideration of obligor’s income-producing abilities and duty to support children)
- Crawford v. Eastland Shopping Mall Assn., 11 Ohio App.3d 158 (Ohio Ct. App. 1983) (accelerated calendar allows brief, conclusory appellate decisions)