Ohlemacher v. Ohlemacher, Unpublished Decision (1-29-2003)
Ohlemacher v. Ohlemacher, Unpublished Decision (1-29-2003)
Opinion of the Court
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made: {¶ 1} Appellant, Cynthia Ohlemacher, appeals from the judgment of the Lorain County Court of Common Pleas, Domestic Relations Division, that ordered Appellee, Jeffrey Ohlemacher, to pay $3,906.24 per month for child support obligations to Appellant. We reverse.
{¶ 2} On November 29, 1999, Appellant filed a motion to modify the child support obligations of Appellee. The original judgment entry of divorce required Appellee to pay $2,500 per month for the support of the parties' three children. A hearing was subsequently held and the trial court issued a judgment entry on June 26, 2002, which increased Appellee's monthly child support obligation to $3,906.24. Appellant timely appealed raising four assignments of error for review.
{¶ 4} In her first assignment of error, Appellant asserts that the trial court did not comply with R.C.
{¶ 5} As a trial court possesses considerable discretion in child support matters, a decision will be reversed only upon a finding of an abuse of discretion. Pauly v. Pauly (1997),
{¶ 6} At the time this action commenced, R.C.
{¶ 7} The child support calculation is to be determined in accordance with the child support schedule set forth in R.C.
{¶ 8} Upon a thorough review of the record, we conclude that the trial court failed to comply with the statutory mandates when modifying the child support order. The judgment entry, contested by Appellant, enumerates the findings of the trial court. These findings clearly indicate that the lower court based the modified child support award on the adjusted gross income of the parties rather than their gross incomes as required by the statute. Moreover, Appellee conceded that the trial court's reliance on adjusted gross income was in error. Thus, the trial court committed reversible error, as it is clear that the specific statutory requirements in R.C.
{¶ 10} In her third assignment of error, Appellant contends that the trial court improperly failed to address the issue of health care when it modified the child support order. Specifically, Appellant maintains that the trial court did not comply with the requirements of R.C.
{¶ 11} Notwithstanding the fact that "[n]either party requested modification of the [trial] court's prior orders with regard to *** medical coverage or expenses[,]" R.C.
{¶ 12} "(1) A requirement that the obligor under the child support order obtain health insurance coverage for the children if coverage is available at a reasonable cost[;]
{¶ 13} "(2) A requirement that the obligee under the child support order obtain health insurance coverage for the children if coverage is available through a group health insurance or health care policy, contract, or plan offered by the obligee's employer[;]
{¶ 14} "(3) If health insurance coverage for the children is not available at a reasonable cost *** a requirement that the obligor and the obligee share liability for the cost of the medical and health care needs of the children, under an equitable formula established by the court[;]
{¶ 15} "(4) A requirement that both the obligor and the obligee obtain health insurance coverage for the children if health insurance coverage is available for the children at a reasonable cost to both the obligor and the obligee and dual coverage by both parents would provide for coordination of medical benefits without unnecessary duplication of coverage."
{¶ 16} Appellant's argument has merit, as the trial court did not determine the issue of health care responsibilities in its modified child support order. Accordingly, Appellant's third assignment of error is sustained as this issue is to be addressed upon modifying a child support order.
{¶ 19} We decline to address Appellant's remaining assignments of error, as they have been rendered moot by our disposition of the first and third assignments of error. See App.R.12(A)(1)(c).
{¶ 20} Appellant's first and third assignments of error are sustained. Appellant's remaining assignments of error have not been addressed. Accordingly, the judgment of the Lorain County Court of Common Pleas, Domestic Relations Division, is reversed and remanded for proceedings consistent with this opinion.
BAIRD, J. and WHITMORE, J., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.