Lanham v. Mierzwiak

967 N.E.2d 1256, 197 Ohio App. 3d 426
CourtOhio Court of Appeals
DecidedDecember 2, 2011
DocketNo. L-11-1022
StatusPublished
Cited by6 cases

This text of 967 N.E.2d 1256 (Lanham v. Mierzwiak) 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
Lanham v. Mierzwiak, 967 N.E.2d 1256, 197 Ohio App. 3d 426 (Ohio Ct. App. 2011).

Opinion

Yarbrough, Judge.

{¶ 1} David Mierzwiak appeals from a decision of the Lucas County Court of Common Pleas, Domestic Relations Division, which, using the extrapolation method, increased his child-support obligation.

{¶ 2} On May 20, 2003, the marriage of Mierzwiak and appellee, Jacqueline Lanham, was dissolved pursuant to a decree of dissolution of marriage. A separation agreement and shared-parenting plan was attached and incorporated into the decree.

{¶ 3} The separation agreement set forth the parties’ agreed child support, which was based upon Mierzwiak’s annual income of $315,000 and Lanham’s annual income of $37,200. The trial court ordered Mierzwiak to pay $584.88 per month per child for each of the four minor children, for a total obligation of $2,585.17 including processing charges.1 In addition to the agreed monthly child-support payment, Mierzwiak agreed to pay $2,000 per month in spousal support to Lanham through August 2009.

{¶ 4} In February 2005, Mierzwiak moved the trial court for modification of his child-support obligation based upon a change in circumstances with respect to the oldest child, who came to live with him full-time. On November 20, 2007, the trial court rendered a judgment entry that provided that the parties agreed to the following child-support obligation based upon Mierzwiak’s annual total gross income of $352,379 and Lanham’s annual total gross income of $86,923:

{¶ 5} “1. Commencing October 1, 2007 and continuing through June 30, 2008, [Mierzwiak] shall pay, as and for child support for the three remaining minor [428]*428children, the amount of [$800] per month, per child, plus a [2 percent] processing fee, for a total monthly payment of [$2,448];2
{¶ 6} “2. Commencing July 1, 2008 and continuing through June 30, 2009, [Mierzwiak] shall pay, as and for child support for the two remaining minor children, the amount of [$1,200] per month, per child, plus a [2 percent] processing fee, for a total monthly payment of [$2,448];
{¶ 7} “3. Commencing July 1, 2009 and continuing through August 31, 2009, [Mierzwiak] shall pay, as and for child support for the one remaining minor child, the amount of [$2,400] per month, for the one minor child, plus a [2 percent] processing fee, for a total monthly payment of [$2,448].
{¶ 8} “4. As of September 1, 2009, the child support obligation of the parties shall be subject to recalculation based upon the law then in effect.”

{¶ 9} Mierzwiak’s spousal-support obligation remained unchanged.

{¶ 10} Thereafter, on June 11, 2009, Lanham filed a motion to modify child support because the November 2007 order did not account for child support for the remaining minor child subsequent to August 31, 2009. In response to this motion, Mierzwiak filed his own motion to modify child support and argued that child support for the remaining minor child should remain at $2,400 per month after August 31, 2009. Subsequently, on January 29, 2010, Lanham filed an amended motion to modify support in which she requested attorney fees and costs.

{¶ 11} In a decision dated May 14, 2010, the magistrate ordered Mierzwiak to pay $4,576.253 per month in child support for the remaining minor child. In reaching this decision, the magistrate determined that Mierzwiak’s annual gross income was $545,829 and Lanham’s was $111,491, which included her husband’s annual income. Further, the magistrate found that there was a vast disparity in the income of the parties and that R.C. 3119.04(B) is applicable. In his decision, the magistrate relied on Bunkers v. Bunkers, 6th Dist. No. WD-06-030, 2007-Ohio-561, 2007 WL 431418, ¶ 23, in which we determined that the trial court did not abuse its discretion by using the extrapolation method to calculate the proper amount of child support.

{¶ 12} In support of his decision, the magistrate considered that Lanham worked 80 hours per week to earn an income “that is significant but such a [429]*429schedule is burdensome especially when raising a teenage daughter. There is no doubt that [Mierzwiak] also works numerous hours per week but his income does not coincide with or compliment his work schedule.” The magistrate concluded, “The Court has computed child support at both the $150,000.00 level and the extrapolated level. The Court finds that the extrapolated amount is reasonable and in compliance with R.C. 3119.04.”

{¶ 13} Subsequently, Mierzwiak filed objections to the magistrate’s decision. Thereafter, in adopting the magistrate’s decision, the trial court found “no reason under the circumstances of the case and the facts presented not to use the extrapolation method of computation in determining child support. The magistrate considered the incomes of the parties, the needs of the parties, the work/lifestyle of the parties, the marginal costs of the health insurance expense incurred for the child and the time-sharing arrangement of the parties with their child. The Magistrate mathematically-correctly extrapolated the statutory child support guidelines with the parties’ combined income exceeding $150,000. The Court finds the application of the extrapolation method to be in the best interests of the child and fair and equitable to the parties. In these regards, the Court reminds the parties that the child is entitled to the economic lifestyle which she would have enjoyed had the parties remained married.” The trial court also determined that each party was responsible for his or her own costs and attorney fees. From this decision, Mierzwiak appeals, asserting three assignments of error.

{¶ 14} In his first assignment of error, Mierzwiak contends:

{¶ 15} “It was reversible error for the trial court to utilize the extrapolation method to calculate child support, without considering the qualitative needs and standard of living of the child and parents.”

{¶ 16} A trial court is vested with broad discretion in deciding child-support matters and will be reversed only upon a finding that the trial court abused its discretion. Dunbar v. Dunbar (1994), 68 Ohio St.3d 369, 371, 627 N.E.2d 532, citing Booth v. Booth (1989), 44 Ohio St.3d 142, 144, 541 N.E.2d 1028; Kendall v. Kendall, 6th Dist. No. OT-04-004, 2005-Ohio-1777, 2005 WL 859447, ¶ 8. An abuse of discretion connotes that the court’s attitude is “unreasonable, arbitrary or unconscionable and not merely an error of law or judgment.” Kunkle v. Kunkle (1990), 51 Ohio St.3d 64, 67, 554 N.E.2d 83, citing Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 219, 450 N.E.2d 1140. “Where a judgment is supported by some competent, credible evidence, there is no abuse of discretion.” Barone v. Barone, 6th Dist. No. L-07-1336, 2008-Ohio-5793, 2008 WL 4823343, ¶ 15, citing Van Vorce v. Van Vorce, 3d Dist. No. 2-04-11, 2004-Ohio-5646, 2004 WL 2377839, ¶ 15.

[430]*430{¶ 17} In his first assignment of error, Mierzwiak argues that it was reversible error for the trial court to use the extrapolation method to calculate his modified child-support obligation under R.C.

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Bluebook (online)
967 N.E.2d 1256, 197 Ohio App. 3d 426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lanham-v-mierzwiak-ohioctapp-2011.