2014 Ohio 3596
Ohio Ct. App.2014Background
- M.J. (mother) gave birth to D.S. on Nov. 4, 2012; Cuyahoga Job and Family Services filed to establish paternity and child support on July 9, 2013.
- Genetic testing showed D.S. Sr. was the father (99.99%). D.S. Sr. admitted paternity in court.
- Magistrate designated M.J. as the residential parent, found the child receives county benefits, and imputed M.J.’s potential annual earnings at $13,750.
- Magistrate found D.S. Sr. voluntarily unemployed/underemployed and imputed potential annual earnings of $12,246; he has five other children; the guideline worksheet produced a $50/month support obligation.
- M.J. objected to the magistrate’s computation (challenging imputation and deductions for other children); the trial court overruled the objections and adopted the magistrate’s decision.
- On appeal, the Eighth District affirmed, concluding M.J. failed to provide the hearing transcript to challenge factual findings and that the court’s imputation and calculations were within its discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred by imputing income and allowing deductions for D.S. Sr.’s other children when calculating child support | M.J.: magistrate incorrectly imputed income and assessed unsupported deductions for D.S. Sr.’s other children | Cuyahoga JFS / D.S. Sr.: magistrate’s imputation and worksheet calculations were proper; supporting facts are in the record | Court affirmed: trial court did not abuse discretion; appellant failed to supply transcript needed to rebut factual findings, so proceedings presumed regular |
Key Cases Cited
- Booth v. Booth, 44 Ohio St.3d 142 (Ohio 1989) (standard that trial court has broad discretion in child support matters)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (definition of abuse of discretion)
- Marker v. Grimm, 65 Ohio St.3d 139 (Ohio 1992) (guideline worksheet presumptively correct; deviation rules)
- Rock v. Cabral, 67 Ohio St.3d 108 (Ohio 1993) (imputation of income is within trial court discretion)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (Ohio 1980) (appellant’s duty to provide transcript; missing transcript leads to presumption of regularity)