Collins v. Collins
2011 Ohio 2087
Ohio Ct. App.2011Background
- Married July 1993; two minor children. Mrs. Collins stayed home to raise children; Dr. Collins was sole wage earner. Separation in June 2007; Dr. Collins left lucrative hospital position to start private practice in 2007-2008. Court-imposed income imputations for child/spousal support became central. Trial court eventually imputes $100,000 to Dr. Collins for purposes of support. Appellant argues this imputes income improperly after finding voluntary underemployment. Opinion reverses trial court and remands for reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dr. Collins was properly found voluntarily underemployed for support purposes | Collins argues Dr. Collins voluntarily underemployed and should be imputed at higher income. | Collins contends imputation should reflect relative earning ability and not rely on a single past salary. | Remanded for explicit finding and correct imputation analysis. |
| Whether the court properly imputed or considered Dr. Collins’s potential income under RC 3119 for child support | Imputations must reflect potential income when underemployment is present. | Potential income should be determined under statutory criteria and not solely by past earnings. | Remanded to recalculate child support with proper statutory framework. |
| Whether the trial court adequately explained its chosen imputed income level (around $100,000) for child support | No clear reasoning for $100,000; inconsistent with evidence that Dr. Collins could earn $200,000+ | Trial court considered multiple factors; discrepancy justified by context. | Remanded for explicit articulation of reasoning and factors used. |
| Whether the trial court failed to expressly state voluntary underemployment as a predicate for income imputation | Imputation requires express finding of voluntary underemployment. | Imputation could be inferred from record evidence. | Remanded to provide explicit express finding. |
Key Cases Cited
- Rock v. Cabral, 67 Ohio St.3d 108 (Ohio 1993) (defines voluntary underemployment; addresses use of potential income in child support context)
- Knouff v. Walsh-Stewart, 2010-Ohio-4063 (9th Dist. 2010) (endorses balancing interests; supports need for explicit findings in support determinations)
- Miller v. Miller, 2008-Ohio-4297 (9th Dist. 2008) (affirms use of income considerations in support when fluctuating earnings occur)
- Nagel v. Nagel, 2010-Ohio-3942 (9th Dist. 2010) (example of averaging income for spousal support when income fluctuates)
- Rock v. Cabral, 67 Ohio St.3d 108 (Ohio 1993) (reiterated above; emphasis on child support framework)