2014 Ohio 4936
Ohio Ct. App.2014Background
- Mother T.S. gave birth to A.S. (b. 2002). Cuyahoga Cty. Job & Family Services sought child support from father K.P. in 2013; parentage previously established.
- Magistrate found A.S. lives with T.S.; K.P. has three children living with him and five other biological/adopted children for whom he paid court-ordered support in the last 12 months.
- Magistrate calculated K.P.’s annual income at $31,000 and set guideline child support at $225.37/month plus $56.18/month cash medical support when private insurance not provided.
- K.P. filed objections claiming the magistrate undervalued his prior year child-support payments, asserting he paid $8,749.56 (he attached an employer earnings statement) rather than the $5,407 credited.
- The trial court overruled objections and adopted the magistrate’s decision; K.P. appealed but did not provide a transcript of the magistrate hearing to the trial court or this court.
Issues
| Issue | Plaintiff's Argument (K.P.) | Defendant's Argument (State / Trial Court) | Held |
|---|---|---|---|
| Whether trial court failed to examine necessary evidence and make required findings under R.C. provisions regarding child-support credits | K.P. argued the court credited only $5,407 of his prior child-support payments instead of $8,749.56, and thus erred in calculation and findings | Trial court lacked the transcript/affidavit of the magistrate hearing to independently review contested factual findings and thus accepted the magistrate’s factual findings | Court affirmed: absent transcript/appropriate affidavit, appellate court presumes regularity and cannot overturn factual findings; K.P.’s assignment of error overruled |
Key Cases Cited
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (Ohio 1980) (appellant must provide transcript for review; omissions require presumption of regularity)
- Wade v. Wade, 113 Ohio App.3d 414 (Ohio App. 1996) (trial court limited to magistrate’s factual findings absent transcript or new hearing)