Reynolds-Cornett v. Reynolds
2014 Ohio 2893
Ohio Ct. App.2014Background
- Paula Reynolds-Cornett (Mother) sought modification of custody and a child-support order in Butler County.
- Original custody split had J.R. with Father and C.R. with Mother; by 2007 J.R. remained with Father, C.R. with Mother.
- In 2012 Mother moved to modify custody of J.R. so that Mother would be the residential parent and legal custodian of J.R.
- Magistrate recommended child support of $614.43 per month and extending support past the child's majority, but the court did not adopt it initially.
- Hearings were held Jan. 3 and Mar. 12, 2013; on Apr. 25, 2013 the magistrate awarded $614.43 monthly support and $3,039 in attorney fees to Mother.
- Father objected; the trial court on Sept. 6, 2013 overruled objections and affirmed the magistrate's decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Mother voluntarily unemployed? | Mother not voluntarily unemployed; caregiving limits work capacity | Mother capable of work and chose not to work for J.R.'s care | No abuse; Mother not voluntarily unemployed |
| Should Father's overtime be included in gross income for child support? | Overtime should be included as part of gross income per statute | Overtime is nonrecurring due to job change and should be excluded | Included average overtime; not an abuse of discretion |
| Was attorney-fee award to Mother appropriate? | Mother fairly entitled to fees given income disparity and burden | Fees were inappropriate or not properly tied to conduct | No abuse; award to Mother affirmed |
Key Cases Cited
- Marron v. Marron, 2014-Ohio-2121 (Ohio 2014) (defines how to impute income and consider potential income)
- Corwin v. Corwin, 2013-Ohio-3996 (Ohio 2013) (considers factors for imputing income and custody decisions)
- Kessler v. Kessler, 12th Dist. Butler No. CA2011-08-165 (2013) (voluntary unemployment standard and appeal review)
- Benjelloun v. Benjelloun, 2012-Ohio-5353 (Ohio 2012) (verification of income under R.C. 3119.05(A))
- Ornelas v. Ornelas, 2012-Ohio-4106 (Ohio 2012) (guidance on treating overtime income for child-support purposes)
- Hart v. Spenceley, 2013-Ohio-653 (Ohio 2013) (independent review of magistrate's decision under Civ.R. 53(D))
- Casper v. Casper, 2013-Ohio-4329 (Ohio 2013) (attorney-fee awards and equitable considerations)
- Loetz v. Loetz, 63 Ohio St.2d 1 (1980) (modifying child-support orders and modification standards)
- Kitchen v. Kitchen, 2004-Ohio-1189 (Ohio 2004) (relevance of caregiving costs in support/ethics)