Kane v. Kane
2014 Ohio 2037
Ohio Ct. App.2014Background
- Marriage dissolution in 2004; four children: E.K., J.K., A.K., L.K.
- Initial child support order: $2,200/mo + 2% deviation to keep mother and children in marital residence
- 2010 CSEA reviewed continued support: two remaining minors; adjusted incomes: Father ~$151,134, Mother ~$46,072; combined ~$197,206
- Emancipation of J.K. in 2010 left two minor children; CSEA and trial court did not recalculate under 3119.04(B)
- Magistrate and trial court upheld upward deviation using R.C. 3119.23 factors; record lacked a completed worksheet
- Appeal filed; appellate court reverses and remands for proper computation and record handling
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Deviation from guideline under 3119.23 without minimum under 3119.04(B) | Kane contends court failed to compute minimum under 3119.04(B) | Court relied on 3119.23 factors to justify deviation | Reversed; minimum 3119.04(B) calculations required before deviation |
| Insufficient record of child support worksheet used for calculation | No completed worksheet in record to support amount | Record reflects upward deviation despite lack of worksheet | Remanded to ensure a completed worksheet is included and proper computation performed |
| Whether emancipation affects ongoing support calculations | Post-emancipation adjustments should reduce support | Deviation previously established remained applicable until recalculation | Moot due to remand for proper computation; issues tied to the prior deviation |
Key Cases Cited
- Marker v. Grimm, 65 Ohio St.3d 139 (1992) (worksheet must be part of the record; calculation starts from proper schedule)
- Bajzer v. Bajzer, 2012-Ohio-252 (2012) (income over $150,000; deviation rules in context of high incomes)
- Melick v. Melick, 2013-Ohio-1418 (2013) (requires minimum 3119.04(B) base; worksheet helpful for review)
- Zeitler v. Zeitler, 2004-Ohio-5551 (2004) (discusses deviation boundaries when over $150k income; starting point concept)
- Berthelot v. Berthelot, 2003-Ohio-4519 (2003) (standard of living and needs in determining appropriate support)