Gallion v. Gallion, 2014 Ohio 3604

Bradley Gallion filed for divorce in 2008; the parties had two children (then ages 12 and 8) and entered a separation agreement; Brad was designated residential parent and Kerrie initially had a $0 support obligation.
Brad later sought an order establishing child support; in November 2009 Kerrie was ordered to pay $400.41/month; further adjustments were made by agreement in 2010.
In April 2013 Kerrie sought reallocation of parental rights; the parties agreed in September 2013 to keep Brad as residential parent and to submit wage information within 14 days so the court could set child support.
The parties submitted memoranda and exhibits; the trial court adopted Plaintiff’s Exhibit I (a filled-in statutory child support worksheet) and set Kerrie’s child support at $441.83/month, retroactive to May 1, 2013.
Kerrie timely requested findings of fact and conclusions of law under Civ.R. 52; the trial court denied the request. Kerrie appealed, assigning error to the court’s income determination and its refusal to grant a deviation from the guideline amount.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court properly determined Brad’s income for child support	Brad argued the court could impute income up to $30,000 or use his 2012 self-employment net of $9,788; the court adopted $30,000	Kerrie argued the court failed to explain or justify using $30,000 and thus miscalculated income	Court held Civ.R. 52 findings were required and remanded for findings; first assignment sustained to that extent
Whether the trial court erred by not granting a deviation from the guideline worksheet	Kerrie argued the court should have granted an appropriate deviation under R.C. 3119.23	Brad relied on the adopted worksheet figure and did not support a deviation	Court found the deviation issue premature pending issuance of findings of fact and conclusions of law, so remand required

Werden v. Crawford, 70 Ohio St.2d 122 (mandatory application of Civ.R.52 when the court determines facts without a jury)
Mahlerwein v. Mahlerwein, 160 Ohio App.3d 564 (findings of fact and conclusions of law create the record necessary for appellate review)