2012 Ohio 3781
Ohio Ct. App.2012Background
- Sandel and Choma divorced in 1998, with a shared parenting agreement and child support of $522.29 per child per month.
- Modifications in 2003 reduced Choma’s obligation to $375 per child; later the same year another modification lowered to $209.88 per child, including poundage.
- In February 2009, Choma moved to terminate child support and have Sandel pay instead; the court terminated his obligation but did not order Sandel to pay because incomes were essentially equal.
- On August 10, 2009, Choma moved to have Sandel pay child support based on her increased income; hearings were held and a magistrate issued a March 30, 2011 decision.
- The magistrate recommended amending the shared parenting plan effective April 1, 2011 and awarding Sandel child support effective the same date.
- The trial court adopted the magistrate’s decision; Choma appealed arguing the effective date should be August 10, 2009, the date of his motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Starting date for modification | Choma: date should be August 10, 2009. | Sandel: date should be April 1, 2011 to align with the amendment. | Court reversed; remanded to state reasons for chosen date. |
Key Cases Cited
- State ex rel. Draiss v. Draiss, 70 Ohio App.3d 418 (9th Dist.1990) (retroactive modification favored to address delays)
- Cameron v. Cameron, 2011-Ohio-3884 (9th Dist.) (retroactivity may be overcome by special circumstances; require basis)
- In re P.J.H., 196 Ohio App.3d 122 (2d Dist.2011) (need reasonable basis for chosen effective date)
- Zamos v. Zamos, 2004-Ohio-2310 (11th Dist.2004) (presumption of retroactivity in modification orders)