Dyson v. Dyson, 2011 Ohio 4826

Dyson petitioned for dissolution in 2007; a Shared Parenting Plan (SPP) designated Melissa as residential parent for two children under age three.
Original order: Melissa residential; Richard awarded specified parenting time and child support of $791.86 monthly.
In 2009 the parties revised possession schedule to more closely reflect equal time; adjustments included summer, school-year, and winter allocations.
April 2010 Richard moved to modify child support citing changed incomes and increased time with children.
September 2010 the parties submitted stipulations; a magistrate found changed circumstances warranted modification and used a 28-day measurement period to gauge parenting time.
Magistrate reduced Richard’s monthly child support by 7% to $685.42 based on increased parenting time.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 7% deviation is proper based on increased parenting time	Dyson contends the seven percent figure undercounts his additional time.	Dyson argues the adjustment should reflect greater time with children under the revised schedule.	DR court did not abuse discretion; 7% deviation upheld.
Clerical error on remand mootness	Richard claims clerical error required further correction.	Correction already completed; issue moot.	Moot due to prior clerical correction.
Appropriate framework for deviation from guideline child support	Dyson asserts deviation standards were misapplied or underutilized.	DR court properly applied statutory factors, including extended parenting time.	Deviation supported by R.C. 3119.23(D) and best interests.
Impact of increased parenting time on child costs	Richard argues altered time should reflect greater credit.	Costs of housing, clothing, and feeding remain fixed; time change not lead to unjust result.	Court acknowledged fixed costs and allowed seven percent deviation compromising guideline.

C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (Ohio 1978) (civil judgments upheld when supported by competent evidence)