Patton v. Hickling-Patton
2014 Ohio 2862
Ohio Ct. App.2014Background
- Wife and Husband married in May 2007; two children.
- Husband filed for divorce in March 2011, seeking custody; temporary order granted Husband custody with Wife limited parenting time.
- Guardian ad litem appointed for the children; Wife counterclaimed for divorce alleging incompatibility and gross neglect of duty.
- At trial, Wife dismissed her counterclaim; parties stipulated to jurisdiction, no joint debts, equal asset division, and Husband’s pension free from Wife claims.
- Trial court found grounds for divorce (extreme cruelty and gross neglect of duty), awarded custody to Husband, imputed income to Wife at $33,000, denied spousal support, and ordered Wife to pay child support.
- Wife appeals challenging custody, income imputation, retroactive child support, and lack of spousal support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Grounds for divorce exist? | Patton contends no grounds. | Hickling-Patton asserts grounds proven. | Court held grounds exist (extreme cruelty/gross neglect) and affirmed. |
| Custody allocation proper? | Patton argues not a suitable custodian. | Hickling-Patton claims shared parenting not feasible. | Court did not abuse discretion; Husband affirmed as custodial parent. |
| Income imputation for child support correct? | Patton argues Wife not voluntarily unemployed; no imputation. | Hickling-Patton claims Wife voluntary unemployment; imputable income supported. | Court imputed $33,000 to Wife and calculated child support accordingly. |
| Receipt of spousal support appropriate? | Patton seeks spousal support. | Hickling-Patton argues no entitlement. | Court did not award spousal support; within discretion. |
Key Cases Cited
- Kent v. Kent, 9th Dist. Summit No. 25231, 2010–Ohio–6457 (Ohio (2010)) (abuse of discretion standard for custodial decisions and weight of evidence)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio (1983)) (abuse of discretion standard; factors for custody decisions)
- Collins v. Collins, 2011–Ohio–2087 (Ohio (2011)) (imputation of income when parent is voluntarily underemployed)