Long v. Long

833 N.E.2d 809, 162 Ohio App. 3d 422, 2005 Ohio 4052
CourtOhio Court of Appeals
DecidedAugust 8, 2005
DocketNo. 6-04-17.
StatusPublished
Cited by21 cases

This text of 833 N.E.2d 809 (Long v. Long) 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
Long v. Long, 833 N.E.2d 809, 162 Ohio App. 3d 422, 2005 Ohio 4052 (Ohio Ct. App. 2005).

Opinion

Rogers, Judge.

' {¶ 1} Plaintiff-appellant, Joseph E. Long, appeals a judgment of the Hardin County Court of Common Pleas granting a motion for modification and recalculation of child support filed by defendant-appellee, Janene J. Long. On appeal, appellant asserts that the trial court erred in failing to set forth specific findings as to a change in circumstances and that the trial court erred in not allowing him to testify concerning entry-level-wage information for Lima, Ohio. Finding that the trial court failed to prepare or to adopt the mandated child-support worksheet and that the trial court deviated from the child-support worksheet provided by appellee in the record, we reverse the judgment of the trial court.

{¶ 2} In February of 1991, appellant and appellee were divorced, and appellee was named the residential parent of her and appellant’s daughter, the sole issue born into the marriage. Additionally, appellant was ordered to pay child support of $325 per month. In September 1997, appellant filed a motion for modification *425 of parental rights. In October 1997, shared parenting was ordered in a temporary order, and in March 1999, appéllant and appellee agreed to shared parenting in a joint order. Additionally, appellant’s child-support order was lowered to $155 per month.

{¶ 3} In late 1999, following appellee’s report of possible sexual or physical abuse, appellee was granted a temporary order for immediate removal of the child from appellant. In March 2001, appellee was again designated the residential parent, and appellant was ordered to pay child support of $50 per week. In December 2001, appellee filed a motion for modification of child support, citing appellant’s change in employment as the change in circumstance. In January 2002, the trial court recalculated child support and ordered appellant to pay $409.13 per month.

{¶ 4} On December 23, 2002, appellee filed another motion for modification of child support, citing appellant’s increased wage as sufficient grounds for modification. Appellee also filed an affidavit pursuant to R.C. 3109.27, a personal financial history, a child-support worksheet prepared on January 3, 2002, and, finally, affidavits of income, expenses, and financial disclosures. In May 2003, a hearing was held wherein appellant testified that he was currently working at Honda in East Liberty, Ohio, and that he was currently making $23.75 per hour. Additionally, he stated that he had earned $49,198.07 in 2002 and that he had year-to-date earnings of $29,052.

{¶ 5} Appellee also testified at the hearing. According to appellee, she was a full-time homemaker and did not work outside the home. However, she stated that she did have a high school education and that there was nothing preventing her from working outside the home.

{¶ 6} In October 2004, the trial court granted appellee’s motion to modify child support, and appellant was ordered to pay $509.47 per month. There was no child-support worksheet attached to or referred to the trial court’s judgment entry. It is from this judgment that appellant appeals, presenting the following assignments of error for our review.

Assignment of Error No. I

The Trial Court erred as a matter of law in not presenting any findings in its entry to justify its modification of child support.

Assignment of Error No. II

The Trial Court erred as a matter of law and abused its discretion when it failed to allow the Plaintiff to testify as to the prevailing entry level wage for Lima, Allen County area.

*426 Assignment of Error No. I

{¶ 7} In the first assignment of error, appellant asserts that the trial court erred in failing to make specific findings that there was a change of circumstance that would allow for a modification of child support.

{¶ 8} It is well established that a trial court’s decision regarding child-support obligations falls within the discretion of the trial court and will not be disturbed absent a showing of an abuse of discretion. Booth v. Booth (1989), 44 Ohio St.3d 142, 144, 541 N.E.2d 1028. An abuse of discretion is more than an error in judgment or law; it implies an attitude on the part of the trial court that is unreasonable, arbitrary, or unconscionable. Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 219, 5 OBR 481, 450 N.E.2d 1140. Furthermore, when applying the abuse-of-discretion standard, an appellate court may not substitute its judgment for that of the trial court. Berk v. Matthews (1990), 53 Ohio St.3d 161, 169, 559 N.E.2d 1301.

{¶ 9} While child-support determinations are generally governed by an abuse-of-discretion standard, the Ohio Supreme Court has held that the child-support guidelines mandate' the following:

(1) A child support computation worksheet must actually be completed and made a part of the trial court’s record.
(2) This requirement is mandatory and must be literally and technically followed.
(3) Any court-ordered deviation must be supported by findings of fact and must be journalized.

DePalmo v. DePalmo (1997), 78 Ohio St.3d 535, 538, 679 N.E.2d 266, citing Marker v. Grimm (1992), 65 Ohio St.3d 139, 601 N.E.2d 496, paragraphs one through three of the syllabus. 1

{¶ 10} Pursuant to R.C. Chapter 3119 and Marker, a trial court must actually complete a child-support worksheet and make that completed worksheet a part of the record when it is making a child-support determination. Marker, 65 Ohio St.3d. at 142, 601 N.E.2d 496. This requirement is mandatory and must be followed literally and technically in all material respects. Id. The trial court is to follow this requirement in order to ensure that its order is subject to meaningful appellate review. Id. The failure to do so constitutes an abuse of discretion. Rock v. Cabral (1993), 67 Ohio St.3d 108, 616 N.E.2d 218, paragraph one of syllabus.

*427 {¶ 11} The trial court’s failure to complete its own worksheet is not erroneous so long as the court clearly adopts one of the parties’ worksheets. Anderson v. Anderson, 147 Ohio App.3d 513, 2002-Ohio-1156, 771 N.E.2d 303, at ¶ 85-86. However, the adopted worksheet must be a fully completed worksheet containing all of the information that the trial court relied upon as mandated by statute. Id.

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Bluebook (online)
833 N.E.2d 809, 162 Ohio App. 3d 422, 2005 Ohio 4052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-long-ohioctapp-2005.