Ritchey v. Plunkett
2013 Ohio 5695
Ohio Ct. App.2013Background
- Plaintiff-appellee Ritchey was designated residential parent; defendant-appellant Plunkett was ordered to pay child support for L.P., born 2002.
- Initial custody and support proceedings began July 24, 2009; Ritchey was awarded residential custody and support.
- June 28, 2010 Plunkett moved for custody change; motion dismissed July 2, 2010 for failure to file DR 16.02 affidavit.
- June 14, 2012 Plunkett moved for change of custody; motion dismissed August 7, 2012 for failure to comply with DR 16.02; temporary supervised visitation granted.
- March 5, 2013 a court entry granted unsupervised visitation; March 4–5, 2013 entry referenced for modification and discovery of W-2s; Ritchey I later dismissed as lacking justiciable issues.
- May 21, 2013 trial court modified child support to $401.50/month (effective March 1, 2013); notice of appeal filed May 28, 2013.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could modify child support while on appeal | Plunkett argues court lacked jurisdiction to modify support during appeal. | Ritchey asserts no improper modification occurred given prior orders. | Modification while appeal permissible; no error. |
Key Cases Cited
- Kane v. Ford Motor Co., 17 Ohio App.3d 111 (1984) (trial court loses jurisdiction after perfecting appeal, pending outcome)
- Vavrina v. Greczanik, 40 Ohio App.2d 129 (1974) (jurisdictional limits during appeal)
- Cramer v. Fairfield Med. Ctr., 2008-Ohio-6706 (5th Dist. Fairfield No. 2007 CA 62) (notice of appeal divests trial court only of issues on review)
- Majnaric v. Majnaric, 46 Ohio App.2d 157 (1975) (jurisdictional considerations during appeal)