In Re: Schreiber Children, Unpublished Decision (12-11-2000)
In Re: Schreiber Children, Unpublished Decision (12-11-2000)
Opinion of the Court
Defendant-appellant, Thomas Schreiber, appeals a decision of the Butler County Court of Common Pleas, Juvenile Division, modifying his child support obligation. The judgment of the trial court is affirmed.
Appellant and Debbie Darling were divorced in Hamilton County in 1998. Debbie was awarded custody of four of the parties' children and appellant was granted custody of one child, Joshua. Appellant was ordered to pay guideline child support of $692.03 per month to Debbie.
Not long thereafter, the parties' five children were adjudicated dependent, and Joshua was adjudicated dependent and abused. Joshua was placed in the temporary custody of Butler County Children Services Board ("BCCSB") while Debbie retained custody of the other four children. Appellant was ordered to pay child support of $250.00 per month to BCCSB for Joshua. Debbie subsequently filed a motion requesting that appellant's child support obligation be reviewed.
A hearing on the child support issue was held on January 3, 2000. The trial court found that a change of circumstances had occurred which warranted a modification of appellant's child support obligation. The trial court ordered that appellant pay $192.63 per month, the guideline support amount, for the support of Joshua. The trial court then made an upward deviation from the child support guidelines and ordered appellant to pay $1,100 per month for the support of the four children in Debbie's care. Appellant appeals raising a single assignment of error.
THE TRIAL COURT ERRED TO THE PREJUDICE OF DEFENDANT-APPELLANT WHEN IT ORDERED AN UPWARD DEVIATION FROM THE CHILD SUPPORT GUIDELINES.
A trial court's modification of a child support order will not be reversed absent an abuse of discretion. Fallang v. Fallang (1996),
R.C.
The parties stipulated that Debbie earns $7,000 yearly, and that appellant earns $39,700 yearly and incurs a yearly expense of $1,716 for health insurance. Using these figures, the parties stipulated that appellant's guideline child support obligation is $196.83 per month per child, or $787.32 per month for the four children in Debbie's custody.
The trial court properly completed a child support worksheet which was incorporated into its decision. However, the trial court determined that appellant's guideline support obligation was unjust, inappropriate, and not in the best interests of the children. The trial court made specific findings of fact regarding the factors of R.C.
The trial court first considered that the four children in Debbie's custody have special needs as a result of the emotional and physical abuse they have endured. See R.C.
The trial court next noted the disparity in income between the parties which remains even after the payment of guideline child support. See R.C.
The trial court noted that appellant benefits from lowered living expenses by living with his parents. See R.C.
The trial court made findings of fact as required by R.C.
____________________________ POWELL, P.J.
YOUNG and VALEN, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.