Cogar v. Kramer, Unpublished Decision (1-2-2001)
Cogar v. Kramer, Unpublished Decision (1-2-2001)
Opinion of the Court
OPINION
On July 31, 1997, custody of Colton Zane Kramer born December 4, 1993 was changed from appellant, Cathleen Cogar, to appellee, Kevin Kramer. Appellant was ordered to pay child support in the amount of $51.87 per week. Appellee was ordered to pay a child support arrearage of $3,138.42, to be paid in weekly installments. Thereafter, numerous motions were filed by each party. Appellant filed contempt motions against appellee for denying her visitation with the child and appellee filed contempt motions against appellant for her failure to pay child support. Several hearings were held with a final hearing held on April 7, 2000. By judgment entry filed April 11, 2000, the trial court found appellant in contempt for failure to pay child support, ordered her to serve a previously suspended jail sentence, ordered an additional sixty days, suspended on conditions, and ordered her to pay $6,000.00 to appellant for attorney fees. Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:I. THE TRIAL COURT ABUSED ITS DISCRETION IN ORDERING THE INDIGENT PLAINTIFF TO PAY $6,000.00 IN ATTORNEY FEES TO DEFENDANT WITHOUT SUFFICIENT EVIDENTIAL BASIS TO ESTABLISH THAT THE FEES WERE DIRECTLY RELATED TO THE DEFENDANT'S CONTEMPT MOTION, THAT THEY WERE REASONABLE, AND THAT PLAINTIFF HAD THE ABILITY TO PAY THEM.
See, Judgment Entry filed April 11, 2000.
We find these conclusions were supported by the record. April 7, 2000 T. at 12-14. Upon review, we find the trial court did not abuse its discretion in awarding attorney fees. However, we reverse and remand the matter to the trial court to determine what portion of the billing statement is assignable to the contempt motion, and to award attorney fees accordingly. Assignment of Error I is granted.
The judgment of the Court of Common Pleas of Fairfield County, Ohio is hereby reversed.
Farmer, J. Hoffman, P.J. and Edwards, J. concur.
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