Warman v. Warman
2017 Ohio 7462
| Ohio Ct. App. | 2017Background
- Dawn (Mother) and Guy Warman (Father) married in 2000 and have one child (b. 2003); Mother filed for divorce in January 2015.
- Father earned about $130,000/year; Mother worked part‑time earning about $17,000/year.
- Trial court designated Mother as the sole residential parent, ordered child and spousal support, and adopted Butler County Standard Parenting Time (DR610) for Father.
- The court allocated multiple credit card accounts between the parties, classifying several accounts as Father's separate debt and assigning payment responsibility accordingly.
- The court awarded the federal dependency exemption for the child to Mother.
- Father appealed, raising three assignments claiming error as to parenting time, allocation of marital debt, and award of the dependency exemption.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| Parenting time: use of standard DR610 schedule | Standard schedule appropriate given child's best interest and counselor's input | Father sought more than standard schedule, arguing strong relationship with child | Court upheld DR610; no abuse of discretion; child expressed desire to live with Mother |
| Allocation of marital debt | Court allocated marital and separate debts between parties, assigning some debts solely to Father after classification | Father argued trial court ordered him to pay all marital debt and should have split debt more evenly | Court found classification of certain accounts as Father's separate debt supported by record; allocation not an abuse of discretion |
| Dependency tax exemption | Presumption favors residential parent; awarding to Mother served child's best interest | Father argued his higher income meant greater tax benefit so exemption should be his | Court awarded exemption to Mother; Father failed to prove awarding exemption to him would be in child's best interest |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (standard for finding an abuse of discretion)
