Schroeder v. Niese
78 N.E.3d 339
Ohio Ct. App.2016Background
- Plaintiff Lisa M. Schroeder filed a paternity action on Oct. 8, 2015, seeking child support for her son CN (born Dec. 2012); genetic testing confirmed Dennis V. Niese is the father.
- At a Jan. 26, 2016 hearing parties resolved several issues but disputed (1) reimbursement for past medical/birth expenses and (2) the effective date for retroactive child support.
- Schroeder asked support be made retroactive to CN’s birth; Niese argued retroactivity should run only from the filing date and asserted he had made voluntary cash payments pre-suit.
- The trial court found Niese had made payments prior to suit, Schroeder had not relied to her detriment on Niese’s promises, and Schroeder delayed nearly three years before filing — indicating pre-suit support was generally adequate.
- Trial court awarded reimbursement of past medical expenses (~$8,380.33) and set retroactive child support effective Oct. 8, 2015 (the filing date).
- Schroeder appealed, arguing the court should have ordered child support from birth absent an affirmative showing by Niese excusing liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion by not awarding retroactive child support from birth | Schroeder: child support obligation begins at birth and court must award retroactive support to birth unless father affirmatively proves circumstances excusing him | Niese: court should set effective date at filing; pre-suit voluntary payments and delay in filing justify limiting retroactivity | Court: affirmed — no abuse of discretion; trial court permissibly considered relevant factors and reasonably limited retroactivity to date of filing |
Key Cases Cited
- Myers v. Moschella, 112 Ohio App.3d 75 (1st Dist. 1996) (support obligation commences at birth but retroactive awards to birth are not automatic)
- Baugh v. Carver, 3 Ohio App.3d 139 (1st Dist. 1981) (when damages for pre-adjudication support are proved, an award ordinarily should be made absent circumstances relieving obligor)
- Booth v. Booth, 44 Ohio St.3d 142 (Ohio 1989) (standard: appellate review of child support matters under abuse-of-discretion)
- Middendorf v. Middendorf, 82 Ohio St.3d 397 (Ohio 1998) (findings on credibility and support determinations must be supported by competent, credible evidence)