2004 Ohio 1430 | Ohio Ct. App. | 2004
Lead Opinion
{¶ 3} In his first assignment of error, Dan contends that the trial court erred when it modified his monthly child support obligation. Specifically, Dan contends that the trial court's judgment, which resulted in an upward deviation of $350.00 per month, constituted an abuse of discretion. We agree with Dan's contention.
{¶ 4} A trial court possesses broad discretion in its determination regarding a modification of child support obligations. Pauly v. Pauly (1997),
{¶ 5} When modifying an existing child support order, the trial court must complete a child support worksheet, recalculating the amount of support required through the line establishing the actual obligation. R.C.
{¶ 6} The basic child support schedule is codified at R.C.
"(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;
"(4) Any other circumstances the court considers relevant." R.C.
{¶ 7} R.C.
"(A) Special and unusual needs of the children;
"(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;
"(C) Other court-ordered payments;
"(D) Extended parenting time or extraordinary costs associated with parenting time, provided that [R.C.
"(E) The obligor obtaining additional employment after a child support order is issued in order to support a second family;
"(F) The financial resources and the earning ability of the child;
"(G) Disparity in income between parties or households;
"(H) Benefits that either parent receives from remarriage or sharing living expenses with another person;
"(I) The amount of federal, state, and local taxes actually paid or estimated to be paid by a parent or both of the parents;
"(J) Significant in-kind contributions from a parent, including, but not limited to, direct payment for lessons, sports equipment, schooling, or clothing;
"(K) The relative financial resources, other assets and resources, and needs of each parent;
"(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;
"(M) The physical and emotional condition and needs of the child;
"(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;
"(O) The responsibility of each parent for the support of others;
"(P) Any other relevant factor." R.C.
{¶ 8} In the present case, the record reveals that Dan's current monthly child support obligation is $718.74, and his recalculated obligation, according to the child support worksheet, is $229.69 per month. The recalculated monthly child support obligation is more than ten percent less than the amount previously required; accordingly, a change in circumstances exists, thereby warranting a modification of Dan's child support obligation. See R.C.
{¶ 9} Although the trial court properly determined that a modification was warranted, it erroneously determined that an upward deviation of $350.00 was proper, for the reasons that follow.
{¶ 10} In this case, the trial court recalculated Dan's child support obligation, and concluded that the amount of child support derived from the child support worksheet yielded an unjust and inappropriate figure, and that this figure was not in the best interest of the children. To support its conclusion, the trial court solely relied on the fact that Dan received benefits from his remarriage. See R.C.
{¶ 11} We additionally find that, according to the child support worksheet used to recalculate Dan's child support obligation, Dan earns $10,497.76. As such, his recalculated child support obligation equals nearly 68% of his earnings; therefore, the remaining funds Dan will retain yearly following payment of his child support obligation equals approximately $3,360.00. While we are cognizant that a parent's first responsibility is to adequately support his or her children, that parent also incurs other expenses that are necessary and reasonable for living. As such, the trial court's decision to increase Dan's child support obligation so as to leave him merely $3,360.00 per year greatly inhibits his ability to cover the costs of basic living.
{¶ 12} Although there is no bright-line test for determining the amount of a support deviation, we conclude that, based on the facts of this case, the trial court acted unreasonably, arbitrarily, and unconscionably when it deviated from the child support worksheet. See Walker v. Walker, 5th Dist. No. 02CAF04019, 2002-Ohio-5293, at ¶ 29; Blakemore,
{¶ 13} In light of our disposition in assignment of error one, we need not address these assignments of error, as they are now rendered moot. See App.R. 12(A)(1)(c).
Judgment reversed, and cause remanded.
Whitmore, J. concurs
Dissenting Opinion
DISSENTS, SAYING:
{¶ 15} I respectfully dissent. The trial court here considered all the factors in R.C.
{¶ 16} Appellant owns his own business, a restaurant. He pays himself a salary of $10,000 yearly from this business plus automobile expenses. Although this is less than minimum wage, appellant's spouse pays all of the couple's expenses including the mortgage payment, food, clothing, utilities, and insurance. By reducing appellant's child support to $229.69, the worksheet amount, a much greater burden of support for the two children is placed onto appellee. Appellee earns $18,345 yearly. While earning less than $8,000 more a year than appellant, appellee is expected provide housing, utilities, food, clothing, an automobile, insurance and other necessities for her and her two children. On the other hand, appellant's wages are basically discretionary income since his spouse pays almost all of their expenses. As the magistrate found, "there is no question that Father could not afford the "luxury" of running a restaurant that pays him less than the minimum wage if all his living expenses were not paid by his spouse."
{¶ 17} As the majority points out, there is no bright-line rule in these types of cases. Therefore, since this Court's standard of review is abuse of discretion, I cannot say the trial court abused its discretion here. I would affirm.