Cameron v. Cameron
2011 Ohio 3884
Ohio Ct. App.2011Background
- Cameron and Schuessler divorced in September 2006, Cameron designated residential parent and legal custodian for four children.
- Two years later, Schuessler moved to modify allocation of parental rights and responsibilities and proposed a shared parenting plan.
- Magistrate interviewed the children, considered evidence, granted Schuessler’s motion, and recommended adoption of her shared plan with modifications reducing Schuessler’s parenting time to five days every two weeks; magistrate found plan in the children’s best interests and ordered child support to zero.
- Cameron objected to the magistrate’s decision but did not submit a transcript or proper substitute; he filed a show cause motion against Schuessler for failure to pay child support.
- Trial court overruled objections, adopted the magistrate’s decision, and retroactively applied the child support modification to the date of Schuessler’s filing.
- Cameron appealed; the initial appeal was dismissed for lack of a final, appealable order; a new judgment implementing the modified plan was entered and appealed again.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactivity of child support modification | Cameron argues retroactivity should not apply. | Schuessler asserts retroactivity is appropriate absent special circumstances. | Retroactive to filing date affirmed. |
| Abuse of discretion in ordering shared parenting | Cameron contends the court abused discretion in adopting shared parenting. | Schuessler contends the magistrate’s findings support shared parenting. | No abuse; court affirmed shared parenting plan. |
Key Cases Cited
- Dunbar v. Dunbar, 68 Ohio St.3d 369 (Ohio 1994) (abuse-of-discretion standard for child support modification)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (definition of abuse of discretion)
- State ex rel Draiss v. Draiss, 70 Ohio App.3d 418 (Ohio 1990) (presumption of retroactivity for child support modification)
- O’Neill v. Bowers, 2004-Ohio-6540 (Ohio 2004) (retroactivity presumed absent special circumstances)
- Batcher v. Batcher, 2011-Ohio-1509 (Ohio 2011) (appeal follows magistrate findings; review limited when transcript missing)