White v. Davia
2012 Ohio 2820
Ohio Ct. App.2012Background
- Parentage action filed by White in 2010; child born August 11, 2008; parties resided together at White's address.
- Agreed judgment established father; visitation set; child support referred to HCCSEA for recommendation.
- Magistrate heard child support on January 26, 2011; magistrate ordered $494.25 monthly and tax exemption to father, effective at hearing date.
- Davia objected to magistrate's decision on February 16, 2011, contending retroactive support to birth not required to be in transcript.
- Trial court overruled objections March 16, 2011 due to lack of transcript; Davia moved for reconsideration, denied; notice of appeal filed April 14, 2011.
- Appellant argues retroactive support should be granted if requested; court reviews for abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether retroactive child support must be awarded from birth. | Davia argues retroactive support should be from birth if requested. | White contends retroactive award is discretionary and requires proof and proper record. | Retroactive award discretionary; depends on facts and record. |
| Whether objection required a transcript; failure to file transcript waives issues on review. | Davia says transcript not required for legal issue objections. | Transcript required for factual objections; without it, review is waived. | Trial court within discretion to overrule objections due to missing transcript. |
Key Cases Cited
- Booth v. Booth, 44 Ohio St.3d 142 (1989) (abuse of discretion standard in child support appeals)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard in family law)
- Knapp v. Bayless, 2006-Ohio-4414 (9th Dist. 2006) (standard for adopting magistrate decisions in parentage actions)
- Beach v. Poole, 111 Ohio App.3d 710 (5th Dist. 1996) (retrospective child support from birth may be considered)
- Murphy v. Murphy, 13 Ohio App.3d 388 (10th Dist. 1984) (trial court discretion to order retroactive support)
- Shonebarger v. Nelson, 2012-Ohio-315 (12th Dist. 2012) (trial court discretion on retroactive support dates)
- Walk v. Bryant, 2004-Ohio-1295 (4th Dist. 2004) (weighing evidence in retroactive awards)
- In re Evans, 2002-Ohio-3555 (10th Dist. 2002) (evidence-based considerations in support orders)
- In re A.M., 2009-Ohio-7066 (4th Dist. 2009) (retrospective support considerations in parentage actions)
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (1997) (plain error doctrine applicability in appeals)
- Baugh v. Carver, 3 Ohio App.3d 139 (1981) (need for prayed-for and proved retroactive awards)