Brose v. Copeland
2013 Ohio 3399
Ohio Ct. App.2013Background
- Brose appeals a trial court denial of a modified child-support order.
- Copeland’s increased active-duty military pay and Brose’s claimed income are central to the dispute.
- Initial 2011 administrative child-support order set Brose income at $41,649.02 and Copeland at $19,285.68; Copeland to pay about $345/month plus $80/month medical.
- Copeland deployed in Aug. 2011; the court postponed modification proceedings to Oct. 2012 to accommodate deployment.
- At the Oct. 2012 hearing, Copeland testified to a drastic income increase during deployment (peaking at about $2,550 every two weeks); Brose testified to nursing income and expenses but offered no supporting documents.
- The magistrate denied modification in Oct. 2012 for lack of verified income/expenses and treating Copeland’s deployment income as nonrecurring; the trial court and this court affirmed, holding no substantial change in circumstances from the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a substantial change in circumstances to modify support? | Brose argues Copeland’s active-duty pay and unemployment changes show a modification is warranted. | Copeland argues no sustained change in circumstances proven. | No modification; no verified change in circumstances. |
| Did Brose’s failure to provide income documentation under R.C. 3119.05(A) preclude modification? | Brose contends testimony suffices for income; documentation not required. | Copeland contends statute requires documents for income verification. | Yes; failure to provide documents precluded modification. |
Key Cases Cited
- Basham v. Basham, 2002-Ohio-4694 (3d Dist. Allen No. 1-02-37) (verification of earnings and documentation required for modification)
- Ellis v. Ellis, 2009-Ohio-4964 (7th Dist. Mahoning No. 08-MA-133) (income verification must be documentary, not testimonial)
- Houts v. Houts, 99 Ohio App.3d 701 (3d Dist. 1995) (required documentation under former statute; without it, modification improper)
- Ornelas v. Ornelas, 2012-Ohio-4106 (12th Dist. Warren No. CA2011-08-094) (income verification must be documentary under R.C. 3119.05(A))