Schumann v. Schumann, 944 N.E.2d 705

Schumann divorce case (married 1982) with two daughters; final decree in 2003 designated appellant as residential parent for the younger daughter and included child support, debt and property provisions.
Younger daughter moved to appellee in Aug 2004; August 24, 2004 journal entry designated both parents as residential parents and legal custodians; a domestic violence petition was filed and dismissed with terms for shared custody and visitation.
May 6, 2009: trial court modified parental rights, found child support termination and ordered various debts/attorney-fee allocations, and noted a “hybrid” order concept.
Appellant challenged multiple provisions in seven assignments of error; appellee cross-appealed challenging attorney-fee awards.
Trial court’s May 6, 2009 order largely affirmed except it vacated two provisions: (1) modification of parental rights after emancipation, and (2) ordering appellant to return two statues; remanded to vacate those provisions; other aspects affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Authority to modify after emancipation	Schumann lacked subject-matter jurisdiction post-emancipation	Modification sought was in child’s best interests and reiterates Aug 2004 terms	Modification improper; lacked jurisdiction as to emancipation
Effect of Aug 24, 2004 entry on waiver of rights	Entry operated as waiver of sole residential parent rights	Waiver not shown; entry was temporary and not a valid relinquishment	Aug 24, 2004 entry did not constitute waiver; not a valid relinquishment of rights
Termination and calculation of child-support after emancipation	Support should not terminate or be retroactively modified	Support properly terminated as child resided with appellee; retroactivity appropriate	Termination appropriate as of Aug 24, 2004; calculations not error
Two statues as property modification; waiver/laches	Statues were not mentioned in original decree; provision improper	Award proper as part of property division	Vacate the statues provision as improper modification of property; not a mere clarification
Attorney-fee award and support for fee statement	No supporting fee statement for $6,500; error		No abuse; fee award affirmed

Hoffmann v. Hoffmann, 32 Ohio App.2d 186 (Ohio App.2d 1972) (emancipation ends child-support obligation when circumstances render support no longer reasonable)
Carson v. Carson, 62 Ohio App.3d 670 (Ohio App.3d 1989) (substantial change in circumstances required for modification; retroactivity possible)
Rohrbacher v. Rohrbacher, 83 Ohio App.3d 569 (Ohio App.3d 1992) (modification of support permissible for demonstrated change; before emancipation terminates upon emancipation)
Jefferies v. Stanzak, 135 Ohio App.3d 176 (Ohio App.3d 1999) (continuing jurisdiction over child-support matters; modification permitted until emancipation)
Gilliam v. DeLauder, 151 Ohio App.3d 640 (Ohio 2003-Ohio-693) (retains authority to modify support; factual circumstances prevail)