2021 Ohio 3703
Ohio Ct. App.2021Background
- Child M.C. born in 2017 to unmarried parents J.D. (Mother) and J.C. (Father); parents separated multiple times and had strained communication.
- The parties had an oral parenting-time schedule later modified for preschool; Father's court-ordered parenting time exceeds 147 overnights per year.
- Father filed for shared parenting; Mother sought sole custody. Juvenile court named Mother residential parent and legal custodian, granted Father substantial parenting time, and ordered Father to pay child support, arrearages, and cash medical support.
- Father appealed five issues: (1) denial of a downward child-support deviation despite 147+ overnights; (2) awarding Mother childcare expense credit for preschool; (3) finding health insurance available to Father at a reasonable cost; (4) designation of Mother as residential parent rather than shared parenting; (5) failure to allocate the federal tax exemption for the child.
- The Twelfth District affirmed in part, reversed in part, and remanded for further proceedings on several issues.
Issues
| Issue | Father's Argument | Mother's Argument | Held |
|---|---|---|---|
| Downward deviation for child support (R.C.3119.231) | Entitled to additional downward deviation because he has over 147 overnights/year | Court applied 10% adjustment (R.C.3119.051) but did not grant further deviation | Remanded: juvenile court must comply with R.C.3119.231 and explain if it declines a deviation for 147+ overnights |
| Childcare expense credit for preschool | Preschool costs should not be credited as childcare because it is not daycare/parent could use family care | Preschool is work-related care for a pre-school‑age child not yet eligible for free public school | Affirmed in part: awarding childcare going forward was not an abuse; remanded to recalculate arrearages to exclude pre‑preschool period and adjust weeks charged |
| Availability/reasonable cost of health insurance | Court erred—no evidence Father knew costs or that cost ≤5% of his income | Mother can provide full coverage; Father testified coverage existed "at a cost" | Remanded: insufficient evidence in record; juvenile court must obtain/consider more information before ordering obligor to provide insurance |
| Residential-parent designation vs shared parenting | Shared parenting should be granted | Mother opposed shared parenting; parties cannot cooperate/communicate; safety concerns raised | Affirmed: no abuse of discretion in awarding Mother residential parent and denying shared parenting |
| Allocation of tax exemption | Court failed to designate which parent may claim the child | N/A | Reversed and remanded: trial court must designate which parent may claim the child for federal tax purposes |
Key Cases Cited
- Willier v. Willier, 175 Ohio App.3d 793 (Ohio Ct. App. 2008) (trial court must designate which parent may claim children as federal tax dependents)