2019 Ohio 2609
Ohio Ct. App.2019Background
- Shawn and Charlene McDerment divorced in 2016; they have two minor children. Post-decree disputes produced multiple motions, including motions to show cause and to modify child support. An evidentiary hearing began Nov. 21, 2017 and continued over three days (Feb. 13, 2018; May 15, 2018).
- Counsel for Shawn (Brown) moved to withdraw in Jan. 2018; Shawn agreed there was a communication breakdown and new counsel appeared for the Feb. hearing. New counsel sought leave to withdraw in March and was permitted; Shawn appeared pro se at the May hearing and requested a continuance which the court denied.
- The trial court (June 22, 2018) modified Shawn’s child support and found him in contempt for (among other things) failing to turn over a laptop, selling a 2003 Volkswagen Jetta below fair market value, and failing to pay one-half of certain out-of-pocket medical/school expenses.
- Trial court credited evidence valuing the laptop at $1,000 and rejected Shawn’s $500 sale price for the Jetta, instead adopting a Kelly Blue Book value of $1,729; it ordered monetary purges tied to those findings.
- On appeal Shawn raised five assignments of error (reordered): denial of continuance, erroneous modification of property division, failure to follow R.C. 3119.22 in deviating from child-support worksheet, improper contempt for medical expenses, and error in permitting counsel to withdraw after trial started. The appellate court affirmed in part, reversed in part, and remanded.
Issues
| Issue | Plaintiff's Argument (McDerment) | Defendant's Argument (Charlene) | Held |
|---|---|---|---|
| Denial of continuance | May 15, 2018 continuance requested when new counsel had conflict; denial prejudiced Shawn | Hearing had been pending since Nov. 2017; counsel changes and late informal request did not warrant continuance | Denial was not an abuse of discretion; assignment overruled |
| Withdrawal of counsel after trial commenced | Trial court erred in permitting Brown to withdraw mid-proceeding | Shawn agreed withdrawal was appropriate and obtained new counsel before next hearing | No error; issue forfeited on appeal because Shawn did not object and accepted withdrawal |
| Modification of property division (laptop & Jetta values) | Court improperly modified property division in violation of R.C. 3105.171(I) | Court merely fixed monetary amounts to purge contempt, not re-divide property | No violation; court determined purge amounts rather than modifying property division; assignment overruled |
| Child-support deviation procedure (R.C. 3119.22) | Trial court failed to follow mandatory R.C. 3119.22 requirements when deviating from worksheet | Court recalculated under R.C. 3119.79 and deviated based on circumstances | Reversed as to child-support modification: court failed to state the worksheet figure, its determination that the worksheet amount would be unjust/inappropriate, and supporting findings as required by R.C. 3119.22; assignment sustained |
| Contempt for out-of-pocket medical expenses | Trial court erred because decree/healthcare order did not mandate splitting insured childrens' out-of-pocket expenses; no existing order to violate | Trial court held Shawn liable for one-half of listed out-of-pocket expenses and found contempt | Reversed as to contempt based on failure to pay one-half of out-of-pocket medical expenses: no express order required such split, so contempt finding was an abuse of discretion; assignment sustained |
Key Cases Cited
- State v. Unger, 67 Ohio St.2d 65 (continuance standard and factors)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (abuse of discretion definition)
- Pons v. Ohio State Med. Bd., 66 Ohio St.3d 619 (appellate review of discretionary rulings)
- Bond v. Bond, 69 Ohio App.3d 225 (trial court lacks authority to modify incorporated property division)
- Cross v. Ledford, 161 Ohio St. 469 (definition of clear and convincing evidence)