Thacker v. Thacker, 2010 Ohio 5675

Thacker v. Thacker is an Ohio Third District Court of Appeals case from Marion County involving Melanie Thacker as residential parent and Shane Thacker seeking shared parenting and child-support adjustments.
The 2006 divorce decree designated Melanie as residential parent with Shane receiving weekend parenting time and child support set at $106.84 per month per child.
In 2009 and 2010, Shane sought reallocation of parental rights and responsibilities and shared parenting, while Melanie sought a recalculation of child support and a modification of parenting time.
A 2010 trial court hearing heard extensive testimony about parenting-time schedules, medical care and emergencies, alleged domestic violence, civil-protection-order violations, and concerns about shared parenting due to safety and cooperation issues.
The trial court denied Shane’s motion for shared parenting, ordered Melanie to remain residential parent with increased visitation for Shane, and calculated child support for Shane by imputing prior income, then ultimately remanded on the child-support calculation due to an error in imputation.
On appeal, the court affirmed the parenting-time modification and denial of shared parenting, but reversed and remanded the child-support calculation for further proceedings consistent with its opinion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred in denying shared parenting.	Shane argued best interests favored shared parenting and evidence supported cooperation.	Melanie argued lack of cooperation, safety concerns, and prior domestic-violence findings justified denial.	No abuse of discretion; denial of shared parenting affirmed.
Whether the trial court erred in modifying the parenting time schedule.	Shane claimed no change in circumstances warranted reduction of his time since parties had been following a voluntary schedule.	Melanie asserted persistent conflict and safety concerns justifying modification and elimination of right of first refusal.	No abuse of discretion; modification upheld.
Whether the trial court erred in imputing income to Shane and increasing his child support obligation.	Shane contends imputation of prior income was improper given his switch to contract work and uncertain future earnings.	Melanie contends prior earnings were a reasonable proxy for income and imputation was appropriate.	Partial reversal; imputation based on prior income was improper and remanded for recalculation.

Miller v. Miller, 37 Ohio St.3d 71 (1988) (abuse of discretion standard in custody matters)
Davis v. Flickinger, 77 Ohio St.3d 415 (1997) (deference to trial court credibility and findings)
Masters v. Masters, 69 Ohio St.3d 83 (1994) (custody determinations require wide appellate latitude)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (foundational abuse of discretion standard)
Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (witness credibility and deference to trial court findings)
Kelm v. Kelm, 92 Ohio St.3d 223 (2001) (res judicata not strictly applied to custody matters)