L.B. v. T.B.
2011 Ohio 3418
Ohio Ct. App.2011Background
- Marriage in 1996; one child; dissolution in 2003; custody to L.B. and support set at $723/month.
- Both are attorneys; Wife income about $82,000; Husband income about $60,000 at dissolution.
- Husband later earned about $90,000; incarceration in 2006–2012; license suspended in 2009.
- CSEA sought administrative modification in 2007 and 2009; trial court referred to court modification due to high combined income.
- October 2010 magistrate and December 2010 trial court reduced support to $494/month plus arrears payment.
- Husband appeals the trial court’s modification on grounds of change in circumstances, income calculation, and effective date.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Change in circumstances required for modification? | L.B. contends there was a change in circumstances warranting modification. | Husband argues no change; incarceration should not trigger modification. | Overruled |
| Use of Husband's income vs. potential income under imputed income rules? | Husband’s imputed income supports modification under 3119.01(C)(11). | Husband’s actual last income should be used; no change justifies higher imputation. | Overruled |
| Effective date of new child support is proper? | Modification should relate to service of motion and administrative proceedings. | Date should reflect earlier administrative efforts; retroactivity allowed. | Overruled |
Key Cases Cited
- Cole v. Cole, 70 Ohio App.3d.188 (1990) (change-in-circumstances and recalculation under 3119)
- Brockmeier v. Brockmeier, 91 Ohio App.3d.689 (1993) (two-step modification; need change in circumstances)
- Cheek v. Cheek, 2 Ohio App.3d.86 (1982) (guidance on modification procedures)