Funkhouser v. Funkhouser
2019 Ohio 733
Ohio Ct. App.2019Background
- Mirna (plaintiff/appellee) filed for divorce in 2009; final decree (2014) named her residential parent and legal custodian of three children and required Mark (defendant/appellant) to pay child support.
- Parties later sought modifications; by October 27, 2017 they agreed in writing that the eldest child (N.F.) would be placed with Mark; the parties proceeded pro se at hearing. N.F. turned 18 during the appeal.
- Magistrate heard remaining contested issue (child support allocation) and issued a decision; trial court conducted an independent review after objections and overruled all objections in a June 14, 2018 judgment.
- Trial court recalculated support using the split-parenting worksheet (R.C. 3119.023) and set Mark’s modified support at $506.74/month (annual $6,080.88), allocating uninsured medical expenses 72% to Mark and 28% to Mirna.
- Mark appealed, raising five assignments: (1) custody terminology (residential vs. residential and legal custodian); (2) failure to find Mirna voluntarily unemployed/underemployed; (3) imputation of Mirna’s income; (4) allocation of uninsured medical expenses; (5) overruling magistrate objections generally. Court affirmed trial court.
Issues
| Issue | Plaintiff's Argument (Funkhouser) | Defendant's Argument (Mirna) | Held |
|---|---|---|---|
| Custody wording for N.F.: whether trial court should have named Mark as "residential and custodial parent" | Trial court failed to reflect parties’ written agreement; omission created uncertainty about custodial status | Parties intended Mark to have primary care; Mirna said legal custodial change was unnecessary and moot as N.F. neared 18 | Court found intent to transfer custody satisfied; referring to Mark as "residential parent" was sufficient and not an abuse of discretion |
| Finding of voluntary unemployment/underemployment and imputing income to Mirna | Court should have found Mirna voluntarily underemployed and imputed higher income (or the 2013 figure) | Mirna testified to modest self-employment income, caregiving and health constraints; trial court credited her income evidence | Court held trial court had competent, credible evidence to use Mirna’s lower gross income; no abuse of discretion and no specific voluntary-unemployment finding required |
| Imputation of incomes and allocation of uninsured medical expenses | If higher income imputed to Mirna, allocation should have been ~60% Mirna / 40% Mark; current allocation was incorrect | Using the split-parent worksheet with the incomes adopted by the court produced 28% Mirna / 72% Mark allocation | Court upheld worksheet calculations and allocation; competent evidence supported the income figures used, so allocation stands |
| Accuracy of appellant’s occupational description and record details | Record mislabeled Mark’s occupation (flight paramedic vs. flight mechanic), which should be corrected | Trial court used Mark’s testimony-supported income number; occupation label immaterial to support calculation | Court found no prejudice from occupational label omission; income determination was supported and not against manifest weight |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard defined)
- Miller v. Miller, 37 Ohio St.3d 71 (Ohio 1988) (presumption that trial court custody findings are correct)
- Bechtol v. Bechtol, 49 Ohio St.3d 21 (Ohio 1990) (shared-parenting and custody review principles)
- Braatz v. Braatz, 85 Ohio St.3d 40 (Ohio 1999) (definition of residential parent/legal custodian under R.C. 3109.04)
- Rock v. Cabral, 67 Ohio St.3d 108 (Ohio 1993) (voluntary unemployment/underemployment is factual question for trial court)
- Marker v. Grimm, 65 Ohio St.3d 139 (Ohio 1992) (when worksheet calculations are used, deviation findings are not required)
- Pauly v. Pauly, 80 Ohio St.3d 386 (Ohio 1997) (standards for child support determination and appellate review)
- Morrow v. Becker, 138 Ohio St.3d 11 (Ohio 2013) (abuse-of-discretion review of child support modification)