2011 Ohio 6756
Ohio Ct. App.2011Background
- Paternity action regarding minor T.S. resulted in father S.K. adjudicated as parent and a support/visitation order.
- Mother filed for modification of child support and related relief, including fees, starting in 2003; arrears accrued.
- A 2009 hearing led to imputation of S.K.'s income as voluntarily underemployed using CPA median wages (2003–2008).
- Magistrate increased support from $300 to $684.89 per month for 2003–2008 and awarded mother $4,594 in attorney fees.
- Trial court overruled S.K.’s objections; this appeal challenges income imputation under RC 3119.01 and the attorney-fee award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Imputing income under RC 3119.01(11)(a) | S.K. contends court abused discretion by not considering all factors. | Mother argues the court properly imputed income based on underemployment and relevant factors. | Imputation within court's discretion; supported by record; no abuse found. |
| Attorney fees award | S.K. challenges the fee amount as unreasonable. | Mother presented reasonable fee evidence; substantial basis for award. | No abuse of discretion; $4,594 affirmed. |
Key Cases Cited
- Rock v. Cabral, 67 Ohio St.3d 108 (1993) (abuse-of-discretion standard for income imputation)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse-of-discretion definition)
- Raush v. Raush, 2006-Ohio-3847 (8th Dist.) (no abuse for not weighing every statutory factor)
- Rice v. Rice, 2007-Ohio-2056 (11th Dist.) (recognizes factors may be considered collectively)
- Justice v. Justice, 2007-Ohio-5186 (12th Dist.) (trial court need not discuss every factor in detail)
- Christescu v. Christescu, 2008-Ohio-3540 (8th Dist.) (attorney-fees discretion in civil actions)
- Packard v. Packard, 2005-Ohio-4392 (8th Dist.) (attorney-fees discretion; reasonableness standard)
- Rand v. Rand, 18 Ohio St.3d 356 (1985) (foundational authority on reasonable-fees and discretion)
- Peach v. Peach, 2003-Ohio-5645 (8th Dist.) (fees against party found guilty of contempt)
- Chojnowski v. Chojnowski, 2003-Ohio-298 (8th Dist.) (fee-shifting authority in family matters)
- Badovick v. Badovick, 128 Ohio App.3d 18 (1998) (addressed factors in income-imputation analysis)