IN RE: D.S. A Minor Child [Appeal by M.J., Mother]
No. 101012
Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
August 21, 2014
[Cite as In re D.S., 2014-Ohio-3596.]
BEFORE: E.A. Gallagher, P.J., E.T. Gallagher, J., and Stewart, J.
JUDGMENT: AFFIRMED
Civil Appeal from the Cuyahoga County Court of Common Pleas Juvenile Division Case No. PR 13709823
RELEASED AND JOURNALIZED: August 21, 2014
George W. MacDonald
514 Glen Park Drive
Bay Village, Ohio 44140
ATTORNEYS FOR APPELLEE, CJFS-OCSS
Timothy J. McGinty
Cuyahoga County Prosecutor
By: Joseph C. Young
Assistant County Prosecutor
P.O. Box 93894
Cleveland, Ohio 44101
EILEEN A. GALLAGHER, P.J.:
{¶2} M.J. gave birth to D.S. on November 4, 2012. On July 9, 2013, the Cuyahoga Job and Family Services filed a complaint seeking to establish the parent-child relationship between D.S. and D.S., Sr., as well as an order for D.S., Sr. to pay child support. Genetic testing established, with 99.99 percent certainty, that D.S., Sr. was the father of D.S.
{¶3} The trial court held a hearing on this matter and issued a decision noting that D.S., Sr. admitted in open court that he was the father and thus finding the parent-child relationship to be established. The magistrate found that D.S. resides with M.J., receives food stamps and health insurance from the county and that M.J. had potential annual earnings of $13,750. The magistrate designated M.J. as the residential parent and legal custodian of D.S., pursuant to
{¶4} The magistrate found that D.S., Sr. was voluntarily unemployed or voluntarily underemployed and that if he was part-time employed, he would be earning at least $12,246 annually. The magistrate found that D.S., Sr. had five other children and, pursuant to a guideline sheet prepared under
I. The trial court erred in entering an order of child support in which it imputed income incorrectly and assessed deductions not supported in the record.
{¶6} A trial court has broad discretion to calculate child support. Absent an abuse of discretion, an appellate court will not disturb a child support order. Wright v. Wright, 8th Dist. Cuyahoga No. 91026, 2009-Ohio-128 ¶ 13, citing Booth v. Booth, 44 Ohio St.3d 142, 144, 541 N.E.2d 1028. Similarly, the issue of whether income is imputed to a parent for purposes of calculating child support pursuant to
{¶7} In general, the amount of child support calculated using the child support guidelines and child support computation worksheet is rebuttably presumed to be the correct amount of child support, although the trial court may deviate from that amount. Gentile v. Gentile, 8th Dist. Cuyahoga No. 97971, 2013-Ohio-1338, ¶ 49, citing
The duty to provide a transcript for appellate review falls upon the appellant. This is necessarily so because an appellant bears the burden of showing error by reference to matters in the record. * * *. When portions of the transcript necessary for resolution of assigned errors are omitted from the record, the reviewing court has nothing to pass upon and thus, as to those assigned errors, the court has no choice but to presume the validity of the lower courts proceedings, and affirm.
{¶9} In this instance, M.J. has not provided us with a transcript of the proceedings necessary to evaluate her argument that the magistrate made incorrect factual findings regarding D.S., Sr.s income and obligations stemming from his other children. Finding no error in a calculation derived from the worksheet, we are constrained to presume regularity and summarily reject her assignment of error. In re Z.B., 8th Dist. Cuyahoga No. 96304, 2011-Ohio-2936, ¶ 7.
{¶10} Judgment affirmed.
It is ordered that appellee recover from appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
EILEEN A. GALLAGHER, PRESIDING JUDGE
EILEEN T. GALLAGHER, J., and MELODY J. STEWART J., CONCUR