2013 Ohio 4901
Ohio Ct. App.2013Background
- Tipton v. Tipton, Fairfield County, Ohio, 5th Appellate Dist., judgment entered Nov. 4, 2013, affirming in part, reversing in part and remanding.
- Melissa Tipton is residential parent; Jason Tipton is nonresidential parent and appellant.
- Three children: Jason A., Jr.; Jordan M.; Joshua W.; divorce filed March 12, 2012; Appellant failed to answer or appear at final hearing.
- Trial court granted Melissa divorce on extreme cruelty, gross neglect, incompatibility; awarded Melissa residential custody and Appellant parenting time as agreed.
- Parties had no real property or retirement assets; debts and personal property divided; child support ordered; health insurance provided through JFS.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Asset division: whether required findings and valuations were made | Tipton contends court failed to value major assets and to include written findings. | Tipton argues discretion in division should prevail without rigid valuations. | Sustained in part (need for valuations/findings). |
| Specific parenting time schedule | Tipton argues no explicit schedule as required by statute. | Tipton asserts reasonable time with children is sufficient. | Sustained. |
| Tax dependency exemptions allocation | Tipton challenges allocation for 2012- and future years. | Tipton argues court acted within discretion. | Overruled. |
| Child support calculation and health-care expenses | Tipton argues calculation/expense allocation err; evidence sufficient. | Tipton contends calculation supported by record. | Overruled. |
Key Cases Cited
- Martin v. Martin, 18 Ohio St.3d 292 (Ohio 1985) (abuse of discretion standard for property division)
- Middendorf v. Middendorf, 82 Ohio St.3d 397 (Ohio 1998) (requires consideration of statutory factors in property division)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard in family matters)
- Neel v. Neel, 113 Ohio App.3d 24 (Ohio App.3d 1996) (requires consideration of factors in equitable division; statutory guidance)
- Booth v. Booth, 44 Ohio St.3d 142 (Ohio 1989) (abuse of discretion standard in child support)
- Bechtol v. Bechtol, 49 Ohio St.3d 21 (Ohio 1990) (standard for reviewing custody/related issues)