Coleman v. Campbell, Unpublished Decision (7-26-2002)
Coleman v. Campbell, Unpublished Decision (7-26-2002)
Opinion of the Court
Appellant and appellee, Lori Coleman, are the parents of Chelsea Morgan Coleman ("Chelsea"), who was born on March 24, 1993. On April 14, 1994, appellee and the Geauga County Department of Human Services filed a "Complaint to Establish Child Support Order and Order for Reimbursement" against appellant with the Geauga County Juvenile Court.1 In an entry dated September 12, 1994, the trial court determined that appellant owed a duty to support Chelsea in the amount of $216.80 per month effective January 1, 1994, until Chelsea reached the age of majority or was emancipated.
On July 31, 1995, the Geauga County Department of Human Services and appellee filed a motion to show cause against appellant for his failure to pay child support. On September 8, 1995, appellant was found in contempt of the prior order to pay child support, and the court made continuing child support and purge orders on appellant.
On July 2, 2001, appellant filed a petition in the Geauga County Juvenile Court requesting a review of an administrative modification of child support by the child support bureau, which had increased appellant's child support. On July 23, 2001, appellant filed a motion to transfer the child support issues to Lake County, which the trial court denied on August 30, 2001.
On September 20, 2001, a trial was held on appellant's petition to review the modification of child support. Joint trial stipulations were filed on October 9, 2001. In a judgment entry dated October 23, 2001, the trial court upheld the modification and increased appellant's child support obligation to $764.33. It is from that entry appellant timely filed the instant appeal and now assigns the following as error:
"[1.] Whether the trial court erred to the prejudice of appellant when it denied appellant's motion to transfer jurisdiction of child support issues to Lake County, Ohio.
"[2.] Whether the trial court abused its discretion to the prejudice of appellant when it failed to consider the deviating factors pursuant to [R.C.]
3113.215 (B)(3) and ordered [appellant] to pay child support in the amount of $779.62 per month."2
In his first assignment of error, appellant claims that the trial court erred by denying his motion to transfer jurisdiction of the child support issues to Lake County.
The Supreme Court of Ohio has stated that "the court in which a decree of divorce is originally rendered retains continuing jurisdiction over matters relating to the custody, care, and support of the minor children of the parties." Loetz v. Loetz (1980),
In the instant matter, in 1994, appellee filed the initial pleading with the Geauga County Juvenile Court. Thus, the Geauga County Juvenile Court retained continuing jurisdiction over orders regarding the custody and support of Chelsea. Id. See, also, In re Young Children,
In the second assignment of error, appellant asserts that the trial court erred by failing to consider the deviating factors pursuant to R.C.
The Ohio Child Support Guidelines are intended to be used by the courts when determining the appropriate level of child support. Hurdelbrink v.Hurdelbrink (1989),
R.C.
R.C.
We also note that there is "no authority for requiring a trial court to deviate from the child support guidelines merely because a deviation would be permissible, or even desirable." (Emphasis sic.) Fitzgerald v.Fitzgerald (Jan. 24, 1997), 2d Dist. No. 15982, 1997 WL 24807, at 7.
In the present case, the trial court did not abuse its discretion when it refused to deviate from the amount calculated in accordance with the child support guidelines. There is no authority in which a trial court has been deemed to have abused its discretion by refusing to deviate from the standard child support guidelines. As mandated by the statute, the trial court calculated the child support according to the worksheet. Unless the trial court deviates from this amount, the statute does not require the court to justify its decision.
Appellant has not met his burden of demonstrating that the guideline amount of child support was unjust, inappropriate, or not in the best interest of Chelsea. Nor has appellant proven that a deviation from the amount was warranted. Consequently, the trial court did not abuse its discretion by not granting appellant a deviation. Appellant's second assignment of error is not well founded.
Accordingly, appellant's assignments of error are not well-taken. The judgment of the Geauga County Court of Common Pleas, Juvenile Division, is affirmed.
WILLIAM M. O'NEILL, P.J., ROBERT A. NADER, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.