IN RE: K.R.B., A Minor Child [Appeal By K.B., Father]
No. 105084
Court of Appeals of Ohio, EIGHTH APPELLATE DISTRICT, COUNTY OF CUYAHOGA
August 3, 2017
2017-Ohio-7071
EILEEN A. GALLAGHER, P.J.
Case No. PR11700626
JUDGMENT:
REVERSED; REMANDED
Civil Appeal from the
Cuyahoga County Court of Common Pleas
Juvenile Division
Case No. PR11700626
BEFORE: E.A. Gallagher, P.J., S. Gallagher, J., and Blackmon, J.
RELEASED AND JOURNALIZED: August 3, 2017
ATTORNEYS FOR APPELLANT
Alyssa M. Allen
P.O. Box 39631
Solon, Ohio 44139
Terrence E. Scanlon
101 Clemson Court
Elyria, Ohio 44035
ATTORNEY FOR APPELLEE
Amy L. Nash
1180 Winston Road
Cleveland, Ohio 44121
GUARDIAN AD LITEM
Susan Jankite
1253 Arlington Road
Lakewood, Ohio 44107
ALSO LISTED
Michael C. O‘Malley
Cuyahoga County Prosecutor
BY: Terri M. Hammons-Brown
Daniel A. Starett
Joseph C. Young
Assistant Prosecuting Attorneys
Cuyahoga County Job and Family Services - Office of Child Support Services
9300 Quincy Avenue, 4th Floor
Cleveland, Ohio 44115
{1} Defendant-appellant K.B. (“the father“) and appellee A.G. (“the mother“) are the unmarried parents of a minor daughter, K.R.B. The father appeals from an order of the Cuyahoga County Juvenile Court ordering him to pay the mother child support. For the reasons that follow, we reverse.
Factual and Procedural Background
{2} The mother and the father have one child together, K.R.B., who was born in January 2007. In 2009, the father married B.B. The father and B.B. have two children together. The mother is single.
{3} In January 2011, the father filed a complaint to establish a parent-child relationship with K.R.B., an application to determine custody and a motion to adopt a shared parenting agreement that had been previously executed by the parties. Under the shared parenting agreement (“the agreement“), both parents were designated residential parents and legal custodians of K.R.B., but the mother was designated the residential parent for school purposes. The agreement provided that parenting time with K.R.B. would be worked out between the parents and, if they could not agree, specified the time K.R.B. would spend with each parent. Pursuant to the agreement, neither parent was to pay the other child support, and the parents were each entitled to claim a tax exemption for K.R.B. in alternating tax years. With respect to medical care, the mother was to obtain insurance coverage for K.R.B. through her employer and to pay any out-of-pocket and uncovered medical expenses and the father was responsible for all copayments and prescription costs. The parents also agreed that any costs for extracurricular activities would be shared equally by the parties so long as they both agreed in writing that K.R.B. should participate.
{4} On May 17, 2011, the juvenile court approved and adopted the agreement as an order of the court, finding it to be in the best interest of the child (the “shared parenting
{5} Four years later, in July 2015, the parents filed separate motions to show cause and to modify the shared parenting order. The father claimed that the mother had violated the court‘s order by, among other things: (1) failing to file a notice of intent to relocate when she had moved, (2) failing to provide her work address and phone number to the father, (3) failing to inform the father of school activities and events and enrolling K.R.B. in extracurricular activities that interfered with the father‘s parenting time without discussing it with him. He also contended that the mother had failed to continue psychological treatment and testing recommended by K.R.B.‘s psychologist, exposed K.R.B. to “adult situations” and had failed to follow medical advice regarding K.R.B.‘s exposure to cigarette smoke. He requested that he be granted “primary legal and physical custody” of K.R.B.
{6} The mother claimed that the father had “repeatedly and continuously” made decisions regarding the child‘s health and welfare without consulting her, which were “negatively impacting” K.R.B. The mother also claimed that K.R.B. wanted to spend weekends with the mother as well as the father and that, because K.R.B. was now school age, the 8:00 p.m. weeknight visits provided for under the shared parenting order interfered with her bedtime.
{7} In December 2015, the parties submitted proposed amendments to the shared parenting order. The father‘s proposed amendments included a request that he be designated the residential parent for school purposes, that the mother pay the father child support according to the child support worksheet and that the father have the right to claim K.R.B. as a dependent for federal income tax purposes in all years. The mother‘s proposed amendments included a request that she be deemed the residential parent and legal custodian of K.R.B. and that the father be granted visitation in accordance with
{8} On April 18 and 19, 2016, the juvenile court held an evidentiary hearing on the parents’ motions to show cause and to modify the shared parenting order. On July 19, 2016, the juvenile court issued two journal entries relating to the parents’ motions (collectively, the “July 19, 2016 journal entry“). In the first journal entry, the juvenile court summarized the evidence presented during the first day of the hearing. In the second journal entry, the juvenile court summarized the evidence presented on the second day of the hearing and set forth its rulings on the parties’ motions. With respect to the parties’ motions to modify the shared parenting order, the juvenile court found that there had been “no change in circumstances of the child” since the parties entered the shared parenting agreement. Considering the best interest of K.R.B. and the factors set forth in
{9} On August 3, 2016, the mother filed a motion for clarification, asserting that the July 19, 2016 journal entry failed to impose a holiday schedule, to address issues surrounding extracurricular activities and to indicate who was entitled to claim the tax exemption for K.R.B. The father filed objections to the motion, arguing that these issues were addressed by the court‘s statement in the journal entry that “all Orders not modified herein shall remain in full force and effect.”
{10} On September 21, 2016, the juvenile court entered an order addressing the issues raised in the mother‘s motion for clarification and determining child support. The court retained the holiday schedule set forth in the shared parenting agreement, imposed certain requirements to ensure K.R.B.‘s participation in extracurricular activities and ordered that the parties share equally in the cost of extracurricular activities. With respect to child support, the juvenile court designated the father the child support obligor and the mother the child support obligee. The juvenile court calculated the parties’ annual child support obligations pursuant to the applicable worksheet and, after considering the factors set forth in
{11} The father appealed from the juvenile court‘s order imposing child support, raising the following two assignments of error for review:
Assignment of Error No. I: The trial court erred in designating appellant father the child support obligor.
Assignment of Error No. II: The trial court erred in determining the amount of child support father was to pay.
The father‘s assignments of error are interrelated and will be addressed together.
Law and Analysis
{12} In his first assignment of error, the father contends that the juvenile court erred in designating him child support obligor without making findings of fact supporting that decision. He further contends that its decision to designate the father the child support obligor is against the manifest weight of the evidence because he has equal parenting time with K.R.B., earns less than the mother and has a wife and two other children whom he also supports. In his second assignment of error, the father contends that the juvenile court made several “mistakes” in applying the relevant
{13}
{14}
(1) A court that issues a shared parenting order in accordance with section
3109.04 of the Revised Code shall order an amount of child support to be paid under the child support order that is calculated in accordance with the schedule and with the worksheet set forth in section3119.022 of the Revised Code , through the line establishing the actual annual obligation, except that, if that amount would be unjust or inappropriate to the children or either parent and would not be in the best interest of the child because of the extraordinary circumstances of the parents or because of any other factors or criteria set forth in section3119.23 of the Revised Code , the court may deviate from that amount.(2) The court shall consider extraordinary circumstances and other factors or criteria if it deviates from the amount described in division (A)(1) of this section and shall enter in the journal the amount described in division (A)(1) of this section its determination that the amount would be unjust or inappropriate and would not be in the best interest of the child, and findings of fact supporting its determination.
“Extraordinary circumstances of the parents” include:
(1) The amount of time the children spend with each parent;
(2) The ability of each parent to maintain adequate housing for the children;
(3) Each parent‘s expenses, including child care expenses, school tuition, medical expenses, dental expenses, and any other expenses the court considers relevant; [and]
(4) Any other circumstances the court considers relevant.
{15} If the court deviates from the presumed child support obligation, it must journalize: (1) the amount of child support calculated pursuant to the basic child support schedule and the applicable worksheet; (2) its determination that the amount would be unjust or inappropriate and not in the child‘s best interest and (3) findings of fact supporting its determination.
{16} A juvenile court has considerable discretion is deciding matters related to child support. We will not reverse a child support order absent an abuse of that discretion. Booth v. Booth, 44 Ohio St.3d 142, 144, 541 N.E.2d 1028 (1989). An abuse of discretion occurs where a juvenile court‘s decision is unreasonable, arbitrary or unconscionable. Blakemore v. Blakemore, 5 Ohio St.3d 217, 219, 450 N.E.2d 1140 (1983); see also In re C.A.S. at ¶ 17 (Abuse of discretion “‘is a term of art, describing a judgment neither comporting with the record, nor reason.‘“), quoting Klayman v. Luck, 8th Dist. Cuyahoga Nos. 97074 and 97075, 2012-Ohio-3354, ¶ 12.
{17} In this case, the juvenile court used a child support worksheet to calculate the parents’ annual child support obligation and attached the worksheet to its journal entry. The court calculated the annual child support obligation for the father at $4,084.27 and the annual support obligation for the mother at $5,516.73. “Based on testimony and exhibits submitted,” the juvenile court determined that the father was the child support obligor and the mother was the child support obligee. The juvenile court further found that the presumed annual child support obligation “would be unjust and inappropriate and would not be in the best interest of the minor child.” It, therefore, deviated from that obligation, ordering the father to pay $2,697.00 in annual child support instead of the $4,084.27 calculated under the child support worksheet.
{18} In “deviat[ing] from the [presumed] annual obligation,” the juvenile court indicated that it considered the following factors under
(A) Special and unusual needs of the children; not applicable;
(B) Extraordinary obligations for minor children or obligations for handicapped children who are not stepchildren and who are not offspring from the marriage or relationship that is the basis of the immediate child support determination; not applicable;
(C) Other court-ordered payments; not applicable;
(D) Extended parenting time or extraordinary costs associated with parenting time, provided that this division does not authorize and shall not be construed as authorizing any deviation from the schedule and the applicable worksheet, through the line establishing the actual annual obligation, or any escrowing, impoundment, or withholding of child support because of a denial of or interference with a right of parenting time granted by court order; the deviation is based on time spent with the child;
(E) The obligor obtaining additional employment after a child support order is issued in order to support a second family; the Father completed higher education and has gained full-time employment;
(F) The financial resources and the earning ability of the child; not applicable;
(G) Disparity in income between parties or households; not applicable;
(H) Benefits that either parent receives from remarriage or sharing living expenses with another person; although the Father is married, the worksheet is calculated that contemplates two biological children that reside in the Father‘s household;
(I) The amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents; not applicable;
(J) Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing; testimony stated that the Mother incurred the cost of extracurricular activities though the Shared Parenting Agreement states that the cost should be equally shared;
(K) The relative financial resources, other assets and resources, and needs of each parent; both Parties are similar in income;
(L) The standard of living and circumstances of each parent and the standard of living the child would have enjoyed had the marriage continued or had the parents been married; not applicable; (M) The physical and emotional condition and needs of the child; not applicable;
(N) The need and capacity of the child for an education and the educational opportunities that would have been available to the child had the circumstances requiring a court order for support not arisen; not applicable;
(O) The responsibility of each parent for the support of others; the Father has two (2) biological children residing in his household;
(P) Any other relevant factor.
{19} The father acknowledges that the juvenile court made findings of fact to lower his child support obligation; however, he contends that the juvenile court‘s decision to designate him the child support obligor was, in and of itself, a “deviation” from the statutory guidelines for which specific findings of fact supporting the decision were required. The father also contends that the juvenile court abused its discretion in designating him the child support obligor without explaining the basis for its determination. See Mahlerwein v. Mahlerwein, 160 Ohio App.3d 564, 2005-Ohio-1835, 828 N.E.2d 153, ¶ 23-26 (4th Dist.) (magistrate erred in failing to explain determination that mother should be child support obligor for purposes of the child support worksheet where neither party previously held the designation and magistrate‘s decision together with the record “offer[ed] no insight” regarding the factors the magistrate considered in determining who would be the child support obligor); French v. Burkhart, 5th Dist. Delaware No. 99CAF07038, 2000 Ohio App. LEXIS 2178 (May 22, 2000) (trial court must state “specific facts in support of any decision to initially designate a[n] ‘obligor’ parent for completion of the child support worksheet in shared parenting cases, when using a ‘sole custody calculation with deviations’ method“).
{20} The mother disagrees. She asserts that the designation of the father as obligor was not a deviation from the statutory worksheet, that the court is “required to order child support in custody and shared parenting cases” and that the juvenile court‘s child support order was a proper exercise of its discretion.
{21} In this case, there is nothing in the record that provides any insight as to why the juvenile court determined that the father should be the obligor for child support purposes. Here, both parents were “residential parents and legal custodians.”
{22} Although the juvenile court stated that its designation of the father as child support obligor was “[b]ased on testimony and exhibits submitted,” its journal entry does not explain what “testimony and exhibits”4 led the juvenile court to make this determination. Likewise, although the juvenile court made a few factual findings in evaluating the relevant
{23} Although the juvenile court found that the father had “completed higher education and has gained full-time employment,” there is nothing in the record that shows how these changes impacted the father‘s income. The parents have roughly equal parenting time and similar annual
{24} The juvenile court also indicated, in considering the
{25} We are by no means suggesting that a juvenile court‘s explanation of its child support determination need be so specific or detailed as to support, dollar-by-dollar,
{26} In this case, the juvenile court advised the parties in its July 19, 2016 journal entry that child support would be ordered “based on the income information submitted to the Court.” It is, however, unclear what “income information” was submitted to the juvenile court. Other than the very limited testimony offered by the parties regarding their earnings and expenses during the April 2016 hearing, the only “income information” in the record is the child support worksheet, dated July 14, 2016, attached to the juvenile court‘s September 21, 2016 journal entry. The child support worksheet is not signed by the mother, the father or their respective counsel to indicate their review of or agreement to the information contained therein and it does not indicate upon what information the figures listed in the worksheet were based.6
{27} Based on the record before us, we find that the juvenile court abused its discretion in entering the child support order it entered in this case.
{28} We sustain the father‘s assignments of error in part and overrule them in part. We vacate the juvenile court‘s child support order and remand the case for a hearing on the issue of child support.
{29} Judgment reversed; remanded.
It is ordered that appellant and appellee share the costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate be sent to the Cuyahoga County Court of Common Pleas, Juvenile Division, to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to
EILEEN A. GALLAGHER, PRESIDING JUDGE
SEAN C. GALLAGHER, J., and
PATRICIA A. BLACKMON, J., CONCUR