Clifton v. Clifton, Unpublished Decision (11-20-2000)
Clifton v. Clifton, Unpublished Decision (11-20-2000)
Opinion of the Court
OPINION
Appellant Philip Clifton appeals a judgment of the Stark County Common Pleas Court, Domestic Relations Division, modifying his child-support obligation:ASSIGNMENTS OF ERROR
I. WHETHER THE TRIAL COURT ERRED IN ITS CALCULATION OF APPELLANT'S CHILD SUPPORT OBLIGATION.
II. WHETHER THE TRIAL COURT ERRED IN ALLOWING A MODIFICATION IN CHILD SUPPORT WHEN THERE WAS NOT A SUFFICIENT CHANGE IN CIRCUMSTANCE TO JUSTIFY SAID MODIFICATION.
Appellant and appellee Deborah Clifton were divorced on June 16, 1998. The parties have two minor children, Philip, born June 25, 1985, and Zachary, born, December 20, 1987. At the time of the divorce, the parties were granted shared parenting. The court set appellant's child-support obligation at $75 per month per child. In 1999, appellee quit her job, which paid her $18,000 per year. Her income was reduced to $2,883 per year. The Stark County Child Support Enforcement Agency recalculated appellant's child support, recommending that appellant pay $279.61 per month per child. Appellant filed an objection to the findings and recommendation of the administrative modification of support. A hearing was held on the objection before a magistrate in the Stark County Common Pleas Court, Domestic Relations Division. The magistrate imputed income to appellant at $30,000 per year, and to appellee at $18,000 per year. The magistrate calculated appellant's child-support obligation at $262 per month per child, but based on the fact that the parties had a shared parenting arrangement, the magistrate concluded that it would be in the children's best interest to deviate from the guideline amount, and accordingly recommended that appellant's child support obligation be set at $131 per month per child. Appellant filed an objection to the magistrate's decision, which was overruled. The court entered judgment in accordance with the recommendation of the magistrate.
As specifically found in the magistrate's decision, the re-calculated amount deviated from the original child support order by more than ten percent. The statute does not require the change in income of the parties to be more than ten percent; rather, the statute requires the amount of child support as calculated according to the worksheet to change by more than ten percent. The second assignment of error is overruled.
The judgment of the Stark County Common Pleas Court, Domestic Relations Division, is affirmed.
__________________ Gwin, P.J.,
Gwin, P.J., Farmer, J., and Wise, J., concur
Case-law data current through December 31, 2025. Source: CourtListener bulk data.