In re S.S.L.S.
2013 Ohio 3026
Ohio Ct. App.2013Background
- Parents Gill and Amber Smith are unmarried with one child, SSLS (born 03-03-2010); Mother was custodian and primary caregiver.
- Columbiana County Juvenile Court petitioned by CCSEA acknowledged administrative paternity and ordered Father to pay $127.83/month in support in 2010, with supervised companionship.
- April 2011 Father moved for reallocation of parental rights seeking residential custody; GAL appointed April 2011 and standard visitation was set.
- January 30, 2012 trial court denied Father’s motion for reallocation, but used improper custody-modification language and imputations of income entered for support (Mother $10,000; Father $30,000) without attaching a formal child support worksheet.
- Court found income testimony supported the $30,000 figure but failed to attach or adopt a child support worksheet, and ordered a remand for custody redetermination and support worksheet.
- This appeal challenges the trial court’s choice of standard for an original custody determination and the missing/undocumented child support worksheet.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court used the correct standard for an original custody determination. | Gill argues the court applied a modification standard. | Smith contends the court should apply best-interests analysis under R.C. 3109.04(B). | Partial merit; remanded to apply the correct original-determination standard. |
| Whether child support was properly determined and documented. | Gill claims the income figure of $30,000 is unsupported and no worksheet was attached. | Smith argues the record supports imputing income and worksheets were to be submitted. | Meritorious in part; remanded for redetermination of custody and inclusion of a child support worksheet. |
Key Cases Cited
- Francis v. Westfall, 7th Dist. No. 03-JE-20, 2004-Ohio-4543 (Ohio Supreme Court not cited) (original custody determinations require best interests standard when no prior decree exists)
- Dunn v. Marcum, 2009-Ohio-3015 (Ohio 2d Dist.) (Addresses lack of prior decree in original custody determinations)
- DeWitt v. Myers, 2009-Ohio-807 (2d Dist.) (clarifies applicability of custody standards when no prior decree exists)
- In re Kohlhorst, 2006-Ohio-6481 (3d Dist.) (upholding trial court’s income-based estimate where income not verified by documentation)
- Grenga v. Bonacci, 2008-Ohio-6369 (7th Dist.) (mandatory worksheet requirement for child support calculations)
- Marker v. Grimm, 65 Ohio St.3d 139, 601 N.E.2d 496 (1992) (1992) (establishes need for an appropriate child support worksheet in proceedings)