[Cite as In re G.M.R., 2025-Ohio-5719.]
IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT TRUMBULL COUNTY
IN THE MATTER OF: CASE NO. 2025-T-0041
G.M.R. Civil Appeal from the Court of Common Pleas, Juvenile Division
Trial Court No. 2020 JC 00043
OPINION AND JUDGMENT ENTRY
Decided: December 22, 2025 Judgment: Affirmed
Anthony G. Rossi, III, Guarnieri & Secrest, P.L.L., 151 East Market Street, Warren, OH 44481; and Brendan J. Keating, Guarnieri & Secrest, P.L.L., 151 East Market Street, P.O. Box 4270, Warren, OH 44482 (For Appellee Suzette Romig).
John H. Chaney, III, Daniel Daniluk, L.L.C., 1129 Niles Cortland Road, S.E., Warren, OH 44484 (For Appellant Henry Miller).
Mark C. Cervello, 52 Townsend Avenue, Girard, OH 44420 (Guardian ad Litem).
MATT LYNCH, J.
{¶1} Appellant, Henry Miller (“Father”), appeals the judgment of the Trumbull
County Court of Common Pleas, Juvenile Division, granting the motions filed by appellee,
Suzette Romig (“Mother”) to terminate the parties’ shared parenting plan (“the plan”) for
their minor child, G.M.R. (d.o.b. 3/16/16), and to modify Father’s child support. For the
following reasons, we affirm. {¶2} In April 2020, Father filed a complaint for paternity, custody, shared
parenting, parenting time, and tax dependency exemption. In June, a guardian ad litem
(“GAL”) was appointed, and Father’s paternity was established.
{¶3} In October 2021, the court issued an agreed judgment entry adopting the
parties’ plan that included Father having parenting time every other weekend from Friday
at 4:30 p.m. through Monday at 8:00 p.m. In April 2022, the magistrate found Father’s
monthly child support was $159.30. Thereafter, both parties at various times filed
different motions to terminate visitation and/or the plan, raising safety concerns and
communication issues.
{¶4} Relevant to this appeal, in November 2023, Mother filed a “Motion to
Terminate Shared Parenting Plan and Increase Child Support,” in which she contended
the plan was no longer in the best interest of G.M.R. and child support should be
increased retroactive to January 1, 2021. In turn, Father filed a “Request for Modifications
to Shared Parenting Plan,” contending the plan is in the best interest of G.M.R. and should
be maintained. Father requested to: (1) change the exchange location because both he
and Mother had moved since the plan’s adoption, (2) expand his parenting time by
changing the holiday schedule to the schedule set forth in the court’s standard visitation
schedule, and (3) expand his parenting time for additional time and overnights because
the current schedule precluded Father from seeing G.M.R. for ten days at a time.
{¶5} The GAL filed his report and recommendation, and the magistrate
conducted an in camera interview with G.M.R. A hearing on the parties’ motions followed
on August 30 and December 4, 2024. Mother, Father, and the GAL testified, and the
parties submitted evidence, including text exchanges.
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Case No. 2025-T-0041 {¶6} Mother testified she had a $0 income in 2021 and 2022 because her
husband could support her while she cared for her four minor children (including G.M.R.).
In 2023, after starting a new job, she earned $11,483, and she currently earns $14/hour
and works 40 hours/week. Mother has no childcare or health insurance expenses. Both
Mother and her husband have medical marijuana cards. She uses marijuana for her
migraines, but always at night and never around the children. On one occasion, Mother’s
husband (then fiancé) overdosed on an illegal substance when she and the children were
not on the property. She found him unresponsive and called 9-1-1. Ultimately, he
underwent treatment and is maintaining his sobriety.
{¶7} Mother wanted the parenting plan changed to Father returning G.M.R. on
Sundays because Father was not giving G.M.R. his epilepsy medication and G.M.R. was
not completing his homework. She did not want Father to have extended weekends or
alternating weeks of parenting time in the summer. Mother further testified the parties
have no ability to communicate and have hostile exchanges where G.M.R. is exposed to
Father’s offensive language. Further, Father interferes with her phone calls with G.M.R.,
refuses to communicate with her, and refuses to take G.M.R. to his extracurricular
activities during his parenting time (all of which she pays for). Lastly, Father took G.M.R.
to a neurologist for a second opinion of G.M.R.’s epilepsy diagnosis that involved a three-
day hospitalization stay for testing without consulting Mother or telling her about it. Father
also gave G.M.R. a toxicology test after Mother’s husband overdosed. Around that
period, Father stopped giving G.M.R. his epilepsy medication. Mother also complained
of Father’s unsafe activities with G.M.R., in part due to G.M.R.’s epilepsy. These activities
included G.M.R. riding on a motorcycle without a helmet, hunting from a 15-foot tree
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Case No. 2025-T-0041 stand, fishing without a life jacket, walking back to Father’s house unattended, and being
left alone in the house while Father was hunting.
{¶8} Father testified he is the owner and operator of a truck he is lease-
purchasing for $500/week ($26,000 a year). On his 2023 tax form, Father listed his gross
receipts as $101,457, and profits for the year as $12,000. He previously had a trucking
job where he earned $65,000 a year. He quit that job because he did not have a good
relationship with the owner, who was an alcoholic. Father admitted he is not making
enough money and is “going broke.” He has been using his savings account and
inheritance and has borrowed money from family to help pay his bills. Father does not
want to work with other trucking companies because of their restrictions and inflexibility,
he cannot have passengers, and he does not want to use electronic logbooks because
they are “unconstitutional.” Father acknowledged he is delinquent on paying child support
because he did not work for a few weeks when he took G.M.R. for testing and to perform
maintenance on his truck.
{¶9} Father further testified his United States Department of Transportation truck
registration currently prohibits passengers, but he has taken G.M.R. with him in the past.
Father clarified that while transporting passengers is prohibited, it does not mean he
cannot have passengers riding with him. He does not respond to Mother on Family
Wizard (a court-based messaging application) because Mother is argumentative. Father
feels he cannot make joint decisions with Mother because she refuses to and/or does not
give him the option. He believes there is no reason to communicate with Mother “if he
can talk to his son.” Mother and Father currently live 62 miles apart from each other.
Father is willing to drive G.M.R. to his extracurricular activities if the activity is not far
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Case No. 2025-T-0041 away. He has not let G.M.R. ride his all-terrain vehicle or dirt bike since G.M.R.’s epilepsy
diagnosis and Mother raised the issue. Father reviewed the type of gun he purchased
for G.M.R. for when they go hunting and how he stores his guns in a gun safe.
{¶10} Father also testified he does not believe his son has epilepsy because
Mother is not truthful and G.M.R. was diagnosed right after Mother’s husband overdosed
and Father filed for emergency custody. He never saw G.M.R. have a seizure, although
Mother testified she sent him a video of G.M.R. experiencing one. Based on the advice
he received from the Ashtabula County Sheriff’s Office, Father did not tell Mother about
the neurologist appointments and testing. Prior to the testing, after Father told the
neurologist G.M.R.’s heart rate races after he is administered his epilepsy medication and
based on that neurologist’s advice, he stopped giving G.M.R. his medication. Following
the testing, the neurologist put G.M.R. on the same medication at the same dose as
G.M.R.’s original neurologist. Thus, at the time of the first hearing, G.M.R. had two
ongoing treatment plans from two different neurologists who were prescribing the same
medication at the same dose without knowledge of the other. Father testified he was
satisfied G.M.R. should be given his epilepsy medication for “now, until we go in on the
22 of November for his third-month checkup” with Father’s neurologist. Mother gives
Father G.M.R.’s medication in unlabeled syringes with no prescription bottle. This
concerns Father because if he were pulled over in his vehicle with syringes filled with an
unknown medication he could lose his trucking license. Father also requested the doctor
give G.M.R. a toxicology exam because he was concerned about the possibility of illegal
drugs in Mother’s home following her husband’s overdose.
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Case No. 2025-T-0041 {¶11} The GAL testified to his investigation, report, and recommendation. The
GAL testified that the parties “detest each other” and cannot get along, even when
exchanging the child for parenting time. The parties’ inability to work together has been
occurring since the “inception of the case.” Further, disparate parenting styles of Father
and Mother exacerbate the conflict. The GAL reviewed the issues raised by Mother and
the responses of Father and G.M.R. He concluded Mother’s safety concerns were
inaccurate. The GAL recommended maintaining the plan, notwithstanding the parties’
inability to communicate and the hostile conflict, because G.M.R. is happy with the
existing schedule and enjoys spending time with Father.
{¶12} In January 2025, the magistrate issued a thorough decision, reviewing the
testimony and evidence presented at the hearing, including the GAL’s report and
recommendation.
{¶13} The magistrate outlined each best-interest factor set forth in R.C.
3109.04(F)(1), examining the parties’ wishes; the in camera interview with G.M.R. and
his wishes and concerns; G.M.R.’s relationship with his stepfather and siblings; G.M.R.’s
performance in school; and the mental and physical health of the parties, including
mother’s asthma and use of medical marijuana for migraines. The magistrate found it
appeared both parties would abide by the court’s schedule despite their animosity; Father
has an arrearage of accumulated child support; there was no evidence of abuse, neglect,
or domestic violence; there was no evidence of continuous and willful denials of parenting
time; and both parents live in Ohio.
{¶14} The magistrate also outlined each best-interest factor set forth in R.C.
3109.04(F)(2), finding the parties have a confrontational relationship with no ability to
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Case No. 2025-T-0041 communicate and cooperate; Father testified he will not attempt to communicate or
cooperate with Mother; neither party is able to encourage the sharing of love and affection
for the other parent; and there was no evidence of abuse, domestic violence, or
kidnapping by either parent. The parents live approximately one hour from each other,
and Father lives approximately one hour from G.M.R.’s school. The GAL recommended
the parties maintain their current schedule and the shared parenting plan.
{¶15} The magistrate found Mother was, and Father remains, voluntarily
underemployed. Since Father had a job in 2021 earning $65,000/year, the magistrate
determined $65,000 should be the amount of potential income imputed to him for
purposes of calculating child support.
{¶16} The magistrate was convinced shared parenting “is not working and does
not work for the parties.” The parents act independently of each other with no consultation
or cooperation, the parties clearly do not care about the feelings or opinions of the other
parent in making decisions, and Mother notified the GAL about issues as they arose
instead of notifying Father. Without the GAL, those issues would have gone unresolved.
Since the plan was entered, Father moved a significant distance away, and the parents
need to continue exchanging G.M.R. for visitation in a public place due to their hostility
and conflict.
{¶17} The magistrate recommended ordering the following: (1) Mother’s motion
to terminate the shared parenting plan is granted, with Mother having legal custody;
(2) Father’s request for modifications to the plan is denied; (3) Father’s companionship
shall be, in relevant part, every other weekend from Friday at 6:00 p.m. to Sundays at
6:00 p.m. and Wednesdays from 4:30 p.m. until 8:00 p.m.; (4) the parties will exchange
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Case No. 2025-T-0041 for visitation at the Roaming Shores Police Department in Roaming Shores, Ohio; and
(5) Father’s monthly child support shall be $676.40, cash medical support $30.36, and
2% processing charge of $14.14 for a total of $720.90.
{¶18} The trial court adopted the magistrate’s decision the same day. Father filed
objections, contending the magistrate failed to properly apply the factors set forth in R.C.
3109.04(F)(1) and (F)(2), and wrongly found lack of communication is an issue instead of
attributing their differences to disparate parenting styles. Father further contended the
magistrate made multiple errors in determining his child support because the magistrate
ignored his income over the past few years, failed to consider the impact of his work
schedule on his parenting schedule, failed to average his income over the past five years,
and ignored his testimony regarding how he currently pays for expenses.
{¶19} In May 2025, after conducting an independent review of Father’s objections,
the hearing transcript, and the magistrate’s decision, the trial court overruled Father’s
objections and affirmed its adoption of the magistrate’s decision.
{¶20} Father timely appealed and raises two assignments of error for our review:
{¶21} “[1.] Whether the trial court erred and/or abused its discretion in terminating
the Shared Parenting Plan, where the applicable law and relevant facts support that both
Appellee and Appellant are competent, involved, and good parents to the minor child, the
minor child and Guardian Ad Litem both wanted everything to remain the same, and the
Shared Parenting Plan should have been preserved for the benefit of the minor child.
{¶22} “[2.] The trial court erred in completely ignoring the relevant testimony and
evidence concerning Appellant’s income for child support purposes and instead utilizing
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Case No. 2025-T-0041 the income, which is not currently earned by Appellant and is not even close to any
income earned by Appellant over the last 5 years.”
Standard of Review
{¶23} This court has held that decisions involving the allocation of parental rights
and responsibilities are accorded great deference on review. See In re K.R., 2011-Ohio-
1454, ¶ 28 (11th Dist.), citing Miller v. Miller, 37 Ohio St.3d 71, 74 (1988). “Thus, any
judgment of the trial court involving the allocation of parental rights and responsibilities
will not be disturbed absent a showing of an abuse of discretion.” Id., citing Davis v.
Flickinger, 77 Ohio St.3d 415, 418 (1997). We also review a judgment of the trial court
adopting the decision of its magistrate for an abuse of discretion. Id. In addition, an
appellate court reviews the trial court’s termination of a shared parenting plan and
modification of child support orders for an abuse of discretion. Id.; Booth v. Booth, 44
Ohio St.3d 142, 144 (1989). An abuse of discretion is the “‘failure to exercise sound,
reasonable, and legal decision-making.’” State v. Beechler, 2010-Ohio-1900, ¶ 62 (2d
Dist.), quoting Black’s Law Dictionary (8th Ed. 2004).
{¶24} The highly deferential abuse of discretion standard is particularly
appropriate when reviewing the allocation of parental rights and responsibilities since the
trial judge is in the best position to determine the credibility of the witnesses, see In re
K.R. at ¶ 30, and there “‘may be much that is evident in the parties’ demeanor and attitude
that does not translate well to the record.’” Id., quoting Wyatt v. Wyatt, 2005-Ohio-2365,
¶ 13 (11th Dist.). A reviewing court is not to reweigh the evidence, “but must ascertain
from the record whether there is some competent evidence to sustain the findings of the
trial court.” Id., quoting Clyborn v. Clyborn, 93 Ohio App.3d 192, 196 (3d Dist.1994).
PAGE 9 OF 17
Case No. 2025-T-0041 Termination of Shared Parenting Plan
{¶25} In his first assignment of error, Father contends the trial court failed to
correctly analyze the factors set forth in R.C. 3109.04(F)(1) and (F)(2), and ignored his
wishes and those of G.M.R. and the GAL. Father contends the testimony and evidence
presented at the hearing revealed that both parents are competent, involved, and good
parents, and even if there is animosity, he and Mother can co-parent effectively.
{¶26} Pursuant to R.C. 3109.04(E)(2)(c),
The court may terminate a prior final shared parenting decree that includes a shared parenting plan approved under division (D)(1)(a)(i) of this section upon the request of one or both of the parents or whenever it determines that shared parenting is not in the best interest of the children. The court may terminate a prior final shared parenting decree that includes a shared parenting plan approved under division (D)(1)(a)(ii) or (iii) of this section if it determines, upon its own motion or upon the request of one or both parents, that shared parenting is not in the best interest of the children.
{¶27} In terminating a shared parenting plan, the court must find that the plan is
no longer in the best interest of the child. Simpson v. Genovese, 2023-Ohio-3532, ¶ 11
(11th Dist.).
{¶28} “The non-exhaustive, best-interest factors found in R.C. 3109.04(F)(1)
include: (a) the wishes of the child’s parents regarding the child’s care; (b) the wishes or
concerns of the child as expressed to the court; (c) the child’s interaction and
interrelationship with [his] parents and any other person who may significantly affect the
child’s best interest; (d) the child’s adjustment to his home, school, and community; (e) the
mental and physical health of all persons involved; (f) the parent more likely to honor and
facilitate visitation and companionship rights approved by the court; (g) whether either
parent has failed to make all child support payments; (h) whether either parent previously
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Case No. 2025-T-0041 has been convicted of or pleaded guilty to certain criminal offenses or whether either
parent has perpetrated child abuse or neglect; (i) whether the residential parent or one of
the parents subject to a shared parenting decree has continuously and willfully denied the
other parent his or her right to visitation in accordance with an order of the court; and
(j) whether either parent has established a residence, or is planning to establish a
residence, outside this state.” Id. at ¶ 12.
{¶29} “Moreover, best interest factors related to shared parenting include: the
ability of the parents to cooperate and make decisions together relating to the child; the
ability of the parents to encourage the sharing of love, affection, and contact between the
child and the other parent; any history of, or potential for, child abuse, spousal abuse,
other domestic violence, or kidnapping by either parent; the geographic proximity of the
parents to one another as that proximity relates to the practical considerations of shared
parenting; and the recommendation, if any, of the guardian ad litem. R.C.
3109.04(F)(2)(a)-(e).” Id. at ¶ 13.
{¶30} Although Father disagrees with the magistrate’s analysis and the weight to
be given to each factor, the magistrate’s consideration of each factor is supported by
competent, credible evidence. “‘The trial court “has discretion in determining which
factors are relevant,” and “each factor may not necessarily carry the same weight or have
the same relevance, depending upon the facts before the trial court.”’” Sharp v.
Richmond, 2025-Ohio-2926, ¶ 17 (11th Dist.), quoting Krill v. Krill, 2014-Ohio-2577, ¶ 29
(3d Dist.), quoting Brammer v. Brammer, 2013-Ohio-2843, ¶ 41 (3d Dist.). Further, “[a]
trial court is not limited to the listed factors in R.C. 3109.04(F), but may consider any other
relevant factors in making a determination of child custody.” Brammer at ¶ 41.
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Case No. 2025-T-0041 {¶31} The evidence at the hearing – including Father’s testimony – belies Father’s
contentions the parties can co-parent effectively despite their lack of communication and
communication is not the real issue. Father took G.M.R. to a second neurologist without
Mother’s consent or knowledge. This included a three-day hospital stay and two separate
plans of treatment and prescriptions. Father does not want to participate in G.M.R.’s
extracurricular activities if they occur far from his home, Father and Mother live far from
each other, Father does not see the point in communicating with Mother or making joint
decisions, and Mother and Father are openly hostile when they exchange G.M.R. for
parenting time. Fundamentally, “‘the failure of parents to communicate or cooperate
effectively is grounds for terminating an existing shared parenting plan.’” Simpson, 2023-
Ohio-3532, at ¶ 26 (11th Dist.), quoting Brandt v. Brandt, 2012-Ohio-5932, ¶ 19 (11th
Dist.), citing Duricy v. Duricy, 2010-Ohio-3556, ¶ 43 (11th Dist.), citing Bates-Brown v.
Brown, 2007-Ohio-5203 (11th Dist.) and Harkey v. Harkey, 2008-Ohio-1027, ¶ 98 (11th
Dist.). “‘Indeed, a shared parenting plan will only work if the parties agree to share by
cooperating and communicating with one another.’” Id., quoting Brandt at ¶ 19; see also
S.H. v. C.C., 2007-Ohio-4359, ¶ 31 (12th Dist.) (finding shared parenting was not in child’s
best interest given parents’ inability to cooperate and make joint decisions with respect to
child); Rengan v. Rengan, 2001 WL 726800, *2 (2d Dist. June 29, 2001) (lack of
communication between parents hinders effective functioning of shared parenting plan);
In re Krejci, 2024-Ohio-1529, ¶ 26 (11th Dist.).
{¶32} It is also apparent the magistrate considered the GAL’s testimony, report,
and recommendation. The GAL acknowledged Mother and Father “detest” one another;
they “cannot communicate with each other civilly”; Father should not have taken G.M.R.
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Case No. 2025-T-0041 to a second neurologist without Mother’s knowledge or consent; and they have “disparate
parenting styles.” The GAL further stated, “As a result, allegations have been and
continue to be hurled back and forth, and no investigation can verify these claims unless
a guardian is ‘on call 24/7’ and personally in the part[ies]’ presence.” The GAL appeared
to heavily weigh G.M.R.’s wishes, noting G.M.R. expressed he wanted to spend “equal
time” with both parents, he is happy with the current schedule, and he enjoys spending
time with his Father, before recommending the plan be maintained. The trial court is not
bound to follow the GAL’s recommendation. As the Tenth District aptly stated in In re
R.N., 2004-Ohio-4420, ¶ 55 (10th Dist.), “while . . . guardians ad litem play important roles
in child custody matters and in evaluating the interest of children, their recommendations
are not binding upon a trial court. The trial court must be free to evaluate all of the
evidence and determine, based upon the entire record, the children’s best interest.”
{¶33} In sum, Father fails to demonstrate the trial court abused its discretion in
adopting the magistrate’s decision to terminate the parties’ shared parenting plan.
{¶34} Father’s first assignment of error is without merit.
Child Support
{¶35} In his second assignment of error, Father contends the trial court ignored
his testimony and evidence concerning his income. More specifically, Father contends
the court did not utilize his tax records from the past four years; failed to consider the
impact of his parenting schedule on his work schedule; erred in using an income of
$65,000, which he has not made since 2021; failed to average his income over the past
few years; and made no reference as to how he has paid his monthly obligations in the
past year.
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Case No. 2025-T-0041 {¶36} “In any action in which a court child support order is issued or modified, . . .
the court or agency shall calculate the amount of the parents’ child support and cash
medical support in accordance with the basic child support schedule, the applicable
worksheet, and the other provisions of Chapter 3119. of the Revised Code.” R.C.
3119.02. “‘When calculating child support, the trial court must first determine the annual
gross income of each parent,’ including the gross and potential income ‘of a parent the
court determines to be voluntarily unemployed or underemployed.’” Lake Cty. Dept. of
Job & Family Servs. v. Trivisonno, 2023-Ohio-2255, ¶ 16 (11th Dist.), quoting Lake Cty.
Dept. of Job & Family Servs. v. Bailey, 2020-Ohio-986, ¶ 25 (11th Dist.); Rock v. Cabral,
67 Ohio St.3d 108, 111 (1993).
{¶37} “First, the court must determine that a parent’s unemployment or
underemployment was voluntary. R.C. 3119.01(C)(1[8]). Second, the court must
determine what the parent would have earned if fully employed, using the criteria
enumerated in R.C. 3119.01(C)(1[8])(a)(i) through (xi).” Ayers v. Ayers, 2024-Ohio-1833,
¶ 14. “[T]he substance of the court’s determination of a parent’s voluntary
[underemployment], as well as the substance of its decision to impute potential income
to that parent, are factual questions that may not be disturbed on appeal absent an abuse
of discretion.” Id. at ¶ 21, citing Rock at 112.
{¶38} “Potential income” includes income imputed to the parent that would have
been earned if the court determines the parent is “voluntarily unemployed or voluntarily
underemployed.” R.C. 3119.01(C)(18)(a). “Imputed income that the court or agency
determines the parent would have earned if fully employed” is determined from criteria
including, inter alia, the parent’s prior employment experience, education and training; the
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Case No. 2025-T-0041 parent’s physical or mental disabilities; availability of employment and wages in the area
where the parent resides; the ability of the parent to earn the imputed income; the age
and special needs of the child; increased earning capacity due to experience; and any
other relevant factor. R.C. 3119.01(C)(18)(a)(i)-(xi). This court has observed “that while
consideration of the R.C. 3119.01(C)(18) factors is required to impute income, Huth v.
Huth, 2019-Ohio-2970, ¶ 33 (11th Dist.), it has been held that ‘the statute does not require
evidence be presented as to each factor before the court may impute income.’ Yenni v.
Yenni, 2022-Ohio-2867, ¶ 32 (8th Dist.); Chapman v. Chapman, 2007-Ohio-1414, ¶ 12
(10th Dist.) (the law does not require that ‘evidence must be presented as to each factor
in order for the trial court to impute income’).” In re C.R., 2024-Ohio-2954, ¶ 38 (11th
Dist.).
{¶39} It is obvious the court considered Father’s testimony and the evidence of
his income that he presented at the hearing. Father testified he is “going broke” working
as a contractor, he would be earning more if he had not quit his previous job where he
earned $65,000 a year (because he did not like the schedule and his former employer
was an “alcoholic”), and he is aware there are trucking positions that make $100,000 to
$150,000 a year. He explained, “It’s not about the money. It’s about me being able to do
what I want when I want.” When the magistrate asked Father why he has this job when
he is not earning enough money and despite the availability of other trucking jobs, Father
replied, “Well, it’s just that sometimes you got to live off your bank account for a while.”
By Father’s own admissions, he is voluntarily choosing to be underemployed. As the
Ohio Supreme Court has observed, “voluntarily” means “‘[d]one by design or intention,
intentional, proposed, intended, or not accidental. Intentionally and without coercion.’”
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Case No. 2025-T-0041 Rock, 67 Ohio St.3d at 111, fn. 2, quoting Black’s Law Dictionary (6th Ed. 1990). See
also In re C.R. at ¶ 32 (despite Mother’s LPN certification, she was “choosing not to work
currently” and “there was no evidence that she could not work,” thus showing the
voluntary nature of Mother’s unemployment).
{¶40} Thus, there is competent and credible evidence supporting the magistrate’s
findings that Father is voluntarily unemployed and that an income of $65,000 should be
imputed because it is an amount he earned in the past and has the ability to earn.
{¶41} Father’s second assignment of error is without merit.
{¶42} The judgment of the Trumbull County Court of Common Pleas, Juvenile
Division, is affirmed.
JOHN J. EKLUND, J.,
SCOTT LYNCH, J.,
concur.
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Case No. 2025-T-0041 JUDGMENT ENTRY
For the reasons stated in the opinion of this court, appellant’s assignments of error
are without merit. It is the judgment and order of this court that the judgment of the
Trumbull County Court of Common Pleas, Juvenile Division, is affirmed.
Costs to be taxed against appellant, Henry Miller.
JUDGE MATT LYNCH
JUDGE JOHN J. EKLUND, concurs
JUDGE SCOTT LYNCH, concurs
THIS DOCUMENT CONSTITUTES A FINAL JUDGMENT ENTRY
A certified copy of this opinion and judgment entry shall constitute the mandate pursuant to Rule 27 of the Ohio Rules of Appellate Procedure.
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Case No. 2025-T-0041