Daniel v. Hester
2016 Ohio 7543
| Ohio Ct. App. | 2016Background
- Annemarie Daniel (Wife) and Colin Hester (Husband) married in 1998; Wife filed for divorce in 2014 and the Butler County Domestic Relations Court resolved contested issues after trial.
- Disputed issues included: classification of two real‑estate parcels held in Wife’s LLC, reimbursement for living/insurance expenses Wife paid for Husband after separation, and child support (income imputation and income calculation).
- The two parcels were acquired during the marriage and held in Wife’s company; Wife testified she lacked any interest but offered no documentary proof or clear testimony identifying the actual owner.
- Husband worked part‑time (grocery store and flavoring company) and claimed a Ph.D. in chemistry; Wife requested imputed income based on his degree and a purported declined pharmaceutical offer.
- Wife’s income for child support was calculated using a three‑year average (2012–2014); Wife argued her 2015 earnings were lower due to cancer treatment and childcare obligations.
- Wife paid Husband’s health insurance premiums from Aug–May while the divorce was pending; Husband later obtained separate coverage and Wife moved in April 2015 to stop paying premiums.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether two parcels held in Wife’s LLC are marital or separate property | Parcels were separate — owned/gifted to other family members, not Wife | Parcels were marital — held by Wife’s company and acquired during marriage | Court found parcels marital; Wife failed to prove by clear and convincing evidence they were separate |
| Whether court should impute income to Husband and method for computing both parents’ income for child support | Impute income to Husband based on Ph.D. and alleged declined pharma job; Wife’s income should reflect lower 2015 earnings | Husband not voluntarily underemployed; use actual earnings. Court should use Wife’s recent historical earnings average | Court declined to impute income to Husband due to insufficient evidence of earning potential; court reasonably used Wife’s 2012–2014 average for her income |
| Proper effective date for child support order | Child support should be retroactive to May 2015 when Wife was named temporary residential parent | Effective date can be the date the court issued its decision (November 2015); no temporary child‑support arrearage was requested | Court set effective date as November 2015; not an abuse of discretion because Wife never sought temporary support or arrearage |
| Whether Husband must reimburse Wife for health insurance premiums (Oct 2014–May 2015) | Wife seeks reimbursement for premiums she paid on Husband’s behalf during the pendency of the divorce | Husband says he informed Wife when he obtained employer coverage; premiums became unnecessary and Wife could have sought relief earlier | Court ordered reimbursement only for Aug–Oct 2014 premiums; denial for Oct–May reimbursement was not an abuse of discretion given credibility findings and Wife’s delay in seeking relief |
Key Cases Cited
- Sieber v. Sieber, 37 N.E.3d 776 (Ohio Ct. App. 2015) (standard for classifying marital vs. separate property and manifest‑weight review)
- Booth v. Booth, 44 Ohio St.3d 142 (Ohio 1989) (abuse‑of‑discretion standard for domestic relations decisions, including support and reimbursement issues)