Studebaker v. Studebaker, Unpublished Decision (2-26-2001)
Studebaker v. Studebaker, Unpublished Decision (2-26-2001)
Opinion of the Court
OPINION
On June 9, 1998, appellant, Misty L. Studebaker, and appellee, Monte J. Studebaker, were granted a divorce. Custody of the parties' two children was granted to appellee. Appellant was not ordered to pay child support. On October 5, 1999, the Fairfield County Child Support Enforcement Agency (hereinafter "FCCSEA") notified appellant of an administrative adjustment review regarding the child support order. On January 31, 2000, a hearing officer issued a report and recommended that appellant pay $146.98 per month per child. This report and recommendation was filed with the trial court on February 18, 2000. On March 10, 2000, FCCSEA filed a motion with the trial court requesting that the trial court make the hearing officer's recommendation an order of the court. After a non-oral hearing, a magistrate issued an "order" making the hearing officer's recommendation an order of the court "subject to defendant's [appellant's] appeal thereof to Magistrate Sandra Miller." See, Magistrate's Order filed March 30, 2000. On May 10, 2000, appellant filed a motion to strike the magistrate's order or in the alternative, modify the "order" to a "decision" of the magistrate. On May 11, 2000, the magistrate filed an identical decision with the caption "Magistrate's Decision" containing the trial court's signature approving and adopting the decision. On May 22, 2000, appellant filed objections to the magistrate's decision. By judgment entry filed July 25, 2000, the trial court overruled the objections. Appellant filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:I THE TRIAL COURT COMMITTED PREJUDICIAL ERROR WHEN IT ORDERED THE ENFORCEMENT OF THE FCCSEA'S MODIFICATION OF CHILD SUPPORT BECAUSE SAID ORDER IS IN CONFLICT WITH APPELLEE AND APPELLANT'S SHARED PARENTING PLAN.
II THE TRIAL COURT COMMITTED PREJUDICIAL ERROR WHEN IT ORDERED APPELLANT TO PAY CHILD SUPPORT BECAUSE SAID ORDER WAS BASED UPON ACTION ON THE PART OF THE FCCSEA, A PARTY THAT IS NOT A REAL PARTY IN INTEREST IN THE INSTANT ACTION.
III THE TRIAL COURT COMMITTED PREJUDICIAL ERROR WHEN IT FAILED TO STRIKE THE MAGISTRATE'S ORDER THAT APPELLANT MUST PAY APPELLEE CHILD SUPPORT PURSUANT TO THE REPORT AND RECOMMENDATION BY THE FCCSEA BECAUSE SAID ORDER WAS BEYOND THE POWER OF THE MAGISTRATE TO ISSUE ORDERS AS DEFINED IN CIV.R. 53(C).
IV THE TRIAL COURT COMMITTED PREJUDICIAL ERROR WHEN IT DID NOT ADOPT APPELLANT AND APPELLEE'S AGREED ENTRY AS A PROPERLY EXECUTED MODIFICATION OF ITS OWN ORDER THAT APPELLANT PAY CHILD SUPPORT TO APPELLEE PURSUANT TO THE REPORT AND RECOMMENDATION OF THE FCCSEA.
The judgment of the Court of Common Pleas of Fairfield County, Ohio, Domestic Relations Division is hereby affirmed.
By Farmer, J. Edwards, P.J. and Wise, J. concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.