Hurley v. Austin
2013 Ohio 5592
Ohio Ct. App.2013Background
- Hurley v. Austin involves a Fitz separation and divorce between a mother and father with three children; custody was with mother, and child support issues were referred to a magistrate.
- The father, originally employed as an assistant prosecutor, pled guilty to criminal charges including a fifth-degree felony, leading to license suspension and resignation; his income consists of pensions and rental income.
- Dissolution proceedings occurred with the parties agreeing on custody and property but not on child support, which was referred to a magistrate.
- Temporary child support orders issued in 2012 imputed $85,200 in annual income to father, with support for two or three children calculated accordingly.
- In 2013, the magistrate imputed $55,828 annual income to father (up from the temporary order) and ordered $788 monthly support plus a 2% processing charge; mother appealed.
- The trial court adopted the magistrate’s decision; the Court of Appeals affirmed in part, reversed in part, and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Imputed income level for calculating support | Hurley argues income should reflect prior higher earnings | Austin contends higher imputed income is warranted given past earnings | Imputation to $55,828 was not an abuse of discretion |
| Emancipated child M.H. lacking support | Mother contends M.H. should have received support despite emancipation | Father argues no support obligation for M.H. due to emancipation | Lack of timely objections waived some issues; remand on credits related to M.H. |
| Credit for payments to third parties not through CSEA | Credits for pre- and post-July 11, 2012 payments should not apply if not through CSEA | Some pre- and post- order payments were valid credits | Credit for payments for M.H. was improper; remand to determine proper credits for two youngest children |
Key Cases Cited
- Brownlee v. Brownlee, 8th Dist. Cuyahoga Nos. 97037 and 97105 (2012-Ohio-1539) (trial court’s imputation and earning-capacity considerations in child support)
- Groves v. Groves, 2009-Ohio-931 (12th Dist. Clermont) (voluntary/unpaid and earning capacity factors in support determinations)
- Glassman v. Offenberg, 2006-Ohio-3837 (8th Dist. Cuyahoga) (statutory factors for imputing income in child support)
- Flege v. Flege, 2004-Ohio-1929 (12th Dist. Butler) (interpretation of earning capacity and support obligations)