Frey v. Frey, 2015 Ohio 4622

Rick and Kimberly Frey divorced in 2002; three children (Ashley, Austin, Chelsea) were born of the marriage.
The parties entered a 2010 consent entry setting Kimberly’s child support at $356.57/month (plus payment toward an overpayment) and other related terms.
In December 2014 Rick moved to modify child support, asserting a workplace injury left him unable to work and that he was receiving workers’ compensation (~$242/week); he also asked Kimberly to provide health insurance for two children.
At a February 13, 2015 hearing Rick testified about his reduced income but produced no documentary verification of his workers’ compensation or other income as required by R.C. 3119.05(A).
The trial court found a substantial change of circumstances and reduced Kimberly’s child support obligation, ordered her to seek full-time employment, and to provide health insurance; Kimberly appealed.
The Third District Court of Appeals reversed, holding Rick failed to meet the statutory evidentiary requirement to prove a change in income and therefore the modification was an abuse of discretion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court properly modified child support based on a claimed income reduction	Rick: injury left him unable to work; he now receives workers’ compensation (~$242/week), warranting recalculation	Kimberly: Rick failed to produce R.C. 3119.05(A)-quality documentary proof of current income; testimony alone is insufficient	Reversed — testimony alone insufficient; movant must present documentary verification of income under R.C. 3119.05(A); modification was abuse of discretion

Frey v. Frey, 197 Ohio App.3d 273 (2011) (prior appellate decision describing the parties’ consent entry and procedural history)
Pauly v. Pauly, 80 Ohio St.3d 386 (1997) (standard that trial courts have broad discretion in child support determinations)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse-of-discretion review standard)