Brown v. Allala
2013 Ohio 3507
Ohio Ct. App.2013Background
- Brown and Allala are the parents of Z.B., born Sept. 8, 2006; they have never been married.
- Allala is a non-U.S. citizen whose work visa (H1B) sponsorship ended; he could not obtain subsequent sponsorship.
- Child support began at $335/month (2007) then $536.75/month plus processing fees (2009).
- CSEA administrative review in Nov. 2011 recommended reducing support to $0 during Allala's unemployment; hearing held under RC 3119.63.
- Magistrate and trial court ordered suspension/termination of support while Allala was unemployed, without attaching a child support worksheet; no confirmed ongoing assignment of gross income.
- Brown appeals, highlighting the lack of a worksheet and proper statutory analysis; appellate court sustains the third assignment of error and remands for worksheet completion and proper analysis; other assignments deemed moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the court required to attach and rely on a child support worksheet? | Brown; no worksheet adopted or used. | Allala; court may adjust without a worksheet under statute. | Remand for completion and proper use of a worksheet; error sustained. |
Key Cases Cited
- Marker v. Grimm, 65 Ohio St.3d 139 (1992) (requires a complete worksheet in record for review of child support)
- Ilius v. Lewis, 1997 WL 104657 (1997) (worksheet must be part of record and properly applied)
- Lawrence v. McCraw, 2011-Ohio-6334 (2011) (applies Marker principles to current statutory framework)
- Long v. Long, 2005-Ohio-4052 (2005) (lack of worksheet review for validity of trial court decision)
- Li v. Yang, 2012-Ohio-2491 (2012) (need for appropriate statutory determinations when reviewing support orders)