2014 Ohio 142
Ohio Ct. App.2014Background
- Married in 1997; two children: B.N. (born 2000) and A.N. (born 2006).
- May 7, 2012, Final Judgment and Decree of Divorce ended the marriage.
- Initially a shared parenting plan with James as residential parent for school purposes.
- James filed motions in 2012 to modify parenting time and child support; later sought designation as residential parent and legal custodian.
- Magistrate granted termination of shared parenting and James’s designation as residential parent in Feb. 2013; Paulette objected only to support imputation; trial court adopted magistrate’s decision in July 2013.
- Paulette appeals, challenging (1) termination of shared parenting and James’s custodian designation, and (2) imputation of income for child support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination of shared parenting and designation of James as residential parent was proper. | Neer contends termination was not in the children’s best interests. | Neer argues the magistrate’s findings supported termination and James’s custodian designation. | Waived on appeal; no plain error found; termination affirmed. |
| Whether the trial court properly imputed income to Paulette for child support. | Neer asserts Paulette was not voluntarily underemployed and imputation was improper. | Neer asserts Paulette could work full-time; factors under R.C. 3119.01(C)(11) support imputation. | No abuse of discretion; imputation upheld; support obligation imposed. |
Key Cases Cited
- Leibold v. Hiddens, 2007-Ohio-2972 (2d Dist. Montgomery (2007)) (trial court de novo review of magistrate decisions; abuse of discretion standard applied to factual findings)
- Dayton v. Whiting, 1996-Ohio-App-3 (Ohio App. 3d (1996)) (trial court conducts independent review of magistrate’s report)
- Breece v. Breece, No. 99-CA-1491 ((?), (1999)) (noted for procedural posture on objections)
- Seagraves v. Seagraves, 1995-Ohio- (2d Dist. Montgomery (1995)) (procedural posture on magistrate decisions)
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (1997) (failure to raise issues can result in forfeiture; plain error limited exceptions)
- Rock v. Cabral, 67 Ohio St.3d 108 (1993) (abuse of discretion standard defined; review deferential to trial court)
- Gregory v. Gregory, 172 Ohio App.3d 822 (2007-Ohio-4098) (factors for voluntary underemployment incl. earnings potential and experience)
- Robinson v. Robinson, 168 Ohio App.3d 476 (2006-Ohio-4282) (limits on reliance on subjective purposes in underemployment analysis)
- AAAA Enterprises v. River Place Community Redevelopment, 50 Ohio St.3d 157 (1990) (abuse of discretion standard and reasonableness)