In re C.S.H.-B.

2025 Ohio 1482
CourtOhio Court of Appeals
DecidedApril 25, 2025
Docket30284
StatusPublished

This text of 2025 Ohio 1482 (In re C.S.H.-B.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re C.S.H.-B., 2025 Ohio 1482 (Ohio Ct. App. 2025).

Opinion

[Cite as In re C.S.H.-B., 2025-Ohio-1482.]

IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY

IN RE: C.S.H.-B. : : : C.A. No. 30284 : : Trial Court Case No. G-2022-001636- : 0N : : (Appeal from Common Pleas Court- : Juvenile Division) :

...........

OPINION

Rendered on April 25, 2025

ALANA VAN GUNDY, Attorney for Appellant

CHARLES A. CLAYPOOL, Attorney for Appellee

.............

LEWIS, J.

{¶ 1} Appellant Father appeals from an order of the Montgomery County Court of

Common Pleas, Juvenile Division, finding him in contempt of court for failing to pay his

share of child expenses owed to Appellee Mother pursuant to a court-approved shared

parenting plan. Father argues that the trial court abused its discretion in finding him in -2-

contempt of court. Upon review, we conclude that the trial court’s order was not a final,

appealable order because, while it found Father in contempt, it did not impose a specific

sanction, it contemplated future action to determine the specific amount to be imposed as

a sanction, and it did not fully resolve the matter. Accordingly, Father’s appeal will be

dismissed for lack of a final, appealable order.

I. Procedural History and Facts

{¶ 2} Mother and Father are the parents of C.S.H.-B. (born in March 2021) and

were never married. On April 19, 2022, Father filed a motion in the juvenile court seeking

a shared parenting plan or, in the alternative, full custody of C.S.H.-B. Mother and Father

subsequently agreed to a shared parenting plan, which was accepted by the magistrate

and journalized on September 26, 2022. The trial court adopted the magistrate’s

decision on September 27, 2022. Relevant here, pursuant to the shared parenting plan,

Father was designated the child support obligor and Mother the child support obligee.

The parties agreed to deviate Father’s child support obligation from the amount due under

the statutory guidelines to zero “due to the parties equally sharing all the expenses of the

child.”

{¶ 3} On November 30, 2022, Mother filed a motion to show cause and to establish

child support. Mother alleged that Father had failed to reimburse Mother for any of the

expenses of their child pursuant to the court-approved shared parenting plan and

requested that Father be held in contempt and ordered to pay court costs. Mother further

requested the court establish a child support order. Following Mother’s filings, Father

filed a motion for custody and a motion to modify parenting time. Mother also filed a -3-

motion for a change of custody.

{¶ 4} Following several continuances, a full hearing on the motions was scheduled

for November 30, 2023. At the beginning of the hearing, Mother withdrew her motion for

a change of custody, and Father withdrew his motions to modify parenting time and for a

change of custody. The remaining issues before the court were Mother’s motion to show

cause and hold Father in contempt and Mother’s motion to establish child support.

{¶ 5} Mother testified that the shared parenting plan had been entered in

September 2022. In lieu of child support, the parents agreed to share the child’s

expenses equally on a monthly basis. Mother filed her motion for contempt on

November 30, 2022, due to Father’s failure to pay her since the shared parenting plan

had gone into effect. Mother asked the court to establish a child support order that was

retroactive to the date of the shared parenting plan because Father had not paid her

anything for the support of their child.

{¶ 6} Mother stated that she had submitted receipts to Father every month via

AppClose, except for the last two or three months prior to the hearing because she had

not received anything from Father. Father had told Mother that he was not going to

upload any further receipts due to the pending litigation. Father had not paid Mother any

money since the shared parenting plan went into effect. Mother agreed that, pursuant

to the shared parenting plan, if Father paid more in expenses for the child than Mother,

then she would owe Father money. Mother admitted that she had paid Father nothing

since the shared parenting plan had gone into effect but explained that her expenditures

for the child had been more than Father’s. Mother testified to Plaintiff’s Ex. 9 being a list -4-

of Mother’s expenditures for the child from September 2022 until January 2023, with an

additional page showing Mother’s expenditures for January, February, and March 2023.

The document also listed the expenses Father had provided to Mother from September

2022 until December 2022.

{¶ 7} Mother did not believe the expenses Father provided to her were all

reasonable or legitimate. For example, Father submitted fees to Mother for a zoo trip,

but Father submitted the cost of the admission ticket for himself and a photographer even

though C.S.H.-B. received free admission. Father also submitted payment for the

professional photography that was done at the zoo. Mother also complained that Father

submitted receipts for buying Halloween decorations and charged her $100. Although

Father submitted some receipts from stores, most of his receipts were handwritten.

{¶ 8} Mother testified that she worked at the facility where C.S.H.-B. received

childcare and therefore was given a 50% discount on childcare tuition. Mother paid the

childcare costs directly from her paycheck. The total cost of childcare tuition was divided

among Mother’s paychecks throughout the year. Mother testified that the prior year she

paid $774.50 per month for childcare but was currently paying a bit less. Mother

submitted pay stubs indicating that she paid $335.73 per paycheck for childcare. Mother

was paid on a bi-weekly basis.

{¶ 9} Madeline Fletcher testified on behalf of Mother. Fletcher stated that she had

lived with Father in April and May 2023. During that time, Father woke her up early one

morning while she was still under the influence of her sleeping medication. Father asked

Fletcher to write something down for him and she agreed. Father listed items and prices -5-

and had Fletcher write those down on receipt paper and sign the bottom. Father told

Fletcher that he wanted the receipts so that he could claim he had purchased items for

his child and then charge Mother for them. Father told Fletcher that he had not actually

purchased the items, but they had been given to him for free; these items included

primarily books and clothing. Fletcher denied telling anyone that she was willing to lie to

help Mother.

{¶ 10} When called as if on cross-examination, Father testified that he and Mother

had entered a shared parenting plan that imposed no child support obligation and granted

a deviation based on the parties’ agreement to share equally in their child’s expenses.

Father stated that he had supplied Mother with receipts for all his expenses for their child

and admitted that he had made no payments to Mother since the date of the shared

parenting plan. However, Father claimed that Mother owed him money for the expenses

of their child.

{¶ 11} During his testimony offered on his own behalf, Father explained that his

understanding of the shared parenting plan was that both parties would keep receipts for

whatever was purchased for C.S.H.-B. and then provide the receipts to the other party.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McComb v. Jacksonville Paper Co.
336 U.S. 187 (Supreme Court, 1949)
Liming v. Damos
2012 Ohio 4783 (Ohio Supreme Court, 2012)
Jenkins v. Jenkins
2012 Ohio 4182 (Ohio Court of Appeals, 2012)
Carpenter v. Carpenter
2013 Ohio 4980 (Ohio Court of Appeals, 2013)
Geary v. Geary
2015 Ohio 259 (Ohio Court of Appeals, 2015)
In Re Purola
596 N.E.2d 1140 (Ohio Court of Appeals, 1991)
City of Cleveland v. Ramsey
564 N.E.2d 1089 (Ohio Court of Appeals, 1988)
State v. Montgomery, Unpublished Decision (4-2-2004)
2004 Ohio 1699 (Ohio Court of Appeals, 2004)
Emc Mortgage Corporation v. Pratt, 07ap-214 (9-11-2007)
2007 Ohio 4669 (Ohio Court of Appeals, 2007)
Windham Bank v. Tomaszczyk
271 N.E.2d 815 (Ohio Supreme Court, 1971)
City of Cincinnati v. Cincinnati District Council 51
299 N.E.2d 686 (Ohio Supreme Court, 1973)
State v. Kilbane
400 N.E.2d 386 (Ohio Supreme Court, 1980)
Brown v. Executive 200, Inc.
416 N.E.2d 610 (Ohio Supreme Court, 1980)
Denovchek v. Board of Trumbull County Commissioners
520 N.E.2d 1362 (Ohio Supreme Court, 1988)
Planned Parenthood Asss'n v. Project Jericho
556 N.E.2d 157 (Ohio Supreme Court, 1990)
State ex rel. White v. Cuyahoga Metropolitan Housing Authority
79 Ohio St. 3d 543 (Ohio Supreme Court, 1997)
State ex rel. Corn v. Russo
740 N.E.2d 265 (Ohio Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
2025 Ohio 1482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-csh-b-ohioctapp-2025.