Ketchum v. Coleman
2014 Ohio 858
Ohio Ct. App.2014Background
- Ketchum and Coleman are divorced; they previously shared parenting for their eleven children, eight of whom were minors when separated.
- In 2010, Final Judgment and Decree of Divorce terminated the marriage and established a shared parenting plan with both designated as residential parents for school purposes.
- In May 2012, Coleman moved to terminate the shared parenting plan and seek reallocation of parental rights; the magistrate held hearings in September 2012.
- The magistrate terminated the shared parenting plan and designated Coleman as residential parent and legal custodian in October 2012; Kimberly objected in November 2012.
- The trial court overruled objections and adopted the magistrate’s decision in July 2013, including imputing income to Kimberly for child support purposes.
- Kimberly argued on appeal that the court erred in imputing income, contending she was voluntarily unemployed and pursuing education.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly imputed income to Kimberly for child support. | Ketchum argues no evidence supported imputation under RC 3119.01(C)(11). | Coleman contends Kimberly voluntarily unemployed and should have income imputed. | Yes; court did not abuse discretion and imputed income. |
Key Cases Cited
- Rock v. Cabral, 67 Ohio St.3d 108 (1993) (abuse of discretion standard for factual review in child support)
- Robinson v. Robinson, 168 Ohio App.3d 476 (2006-Ohio-4282) (factors for voluntary unemployment under RC 3119.01(C)(11))
- Gregory v. Gregory, 172 Ohio App.3d 822 (2007-Ohio-4098) (statutory factors for imputed income; consideration of area employment availability)
- Woloch v. Foster, 98 Ohio App.3d 806 (1994) (test for voluntary unemployment balancing short-term loss and long-term child benefit)
- Aldo v. Angle, 2010-Ohio-2008 () (recognition that short-term income reductions may benefit children long term)
- Palmer v. Palmer, 1995 WL 396509 () (employment flexibility in child support context (WL not cited in this summary))
- McLaughlin v. Kessler, 2012-Ohio-3317 (12th Dist. Fayette) (sufficiency of evidence to establish voluntary unemployment in some contexts)
- Muhammad v. Muhammad, 2011-Ohio-2187 (2d Dist. Greene) (custodial decision and child support considerations in voluntary unemployment context)
- AA A Enterprises, Inc. v. River Place Community Redevelopment, 50 Ohio St.3d 157 (1990) (abuse of discretion standard and appellate review framework in discretionary decisions)