Brown v. Brown, Unpublished Decision (1-22-2003)
Brown v. Brown, Unpublished Decision (1-22-2003)
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, Gary Brown, appeals from a decision of the Wayne County Court of Common Pleas, which ordered him to pay child support in the amount of $423 per month. We vacate the trial court's decision and remand for further proceedings consistent with this opinion.
{¶ 3} In June 2001, Gary's child support obligation for Chelsie was terminated when she became emancipated, and Gary's child support obligation for Benjamin remained at $277.33 per month. In September 2001, the Child Support Enforcement Agency ("CSEA") recommended increasing the obligation to $479.64 per month. The CSEA hearing officer was unwilling to grant Gary a 50% parenting time deviation from the child support calculation worksheet, noting that such a deviation would result in a support obligation of $157.60 per month and that a deviation in that amount would be unjust. Gary contested the hearing officer's finding, and a hearing was held before a magistrate. The magistrate recommended granting Gary credit for one-half child, resulting in a calculation of child support of $423 per month. Gary timely objected to the magistrate's decision on two grounds: (1) that a child support computation worksheet was not made a part of the trial court's record, and (2) that he was entitled to a deviation for parenting time and for significant in-kind contributions. The trial court remanded the matter to the magistrate for consideration of the issues.
{¶ 4} The magistrate found that a child support computation worksheet was a part of the record. The magistrate further found that Gary had been granted a deviation from the child support calculation worksheet. The magistrate noted that joint custody, Gary's additional contributions to the child, and Victoria's payment of uninsured expenses for the child were all considered by the magistrate when granting the credit for one-half child. The trial court overruled Gary's objections, and Gary was ordered to pay child support in the amount of $423 per month. This appeal followed.
{¶ 6} In his sole assignment of error, Gary challenges the trial court's ruling on his objection to the magistrate's decision regarding the calculation of his child support obligation. Gary asserts that the trial court failed to consider parenting time under R.C.
{¶ 7} It is well established that a trial court's decision regarding child support obligations falls within the discretion of the trial court and will not be disturbed absent a showing of an abuse of discretion. Pauly v. Pauly (1997),
{¶ 8} R.C.
{¶ 9} The amount of child support calculated pursuant to the basic child support schedule and applicable worksheet is "rebuttably presumed" to be the correct amount of child support due. R.C.
{¶ 10} In this case, Gary asserts that he is entitled to a deviation because Benjamin resides with each parent on alternating weeks and due to Gary's significant in-kind contributions, such as paying for Benjamin's school lunches and purchasing school supplies and clothing. Gary admits that the trial court adjusted his annual gross salary by $1425, which the trial court considered to be a credit for one-half child. However, this Court notes that the adjustment to Gary's salary in this manner was contrary to R.C. Chapter 3119.
{¶ 11} The trial court stated that, in being consistent with prior orders, it factored into Gary's calculation a 50% credit for another child. The court noted that this effectively gave Gary credit for one-half child. The court adjusted Gary's annual income by deducting $1425 on Line 8 of the child support computation worksheet, which provides for a deduction from a parent's annual salary for other children born to that parent and another person, when the child resides with that parent. See R.C.
{¶ 12} R.C.
{¶ 13} "If other minor children who were born to the parent and a person other than the other parent who is involved in the immediate child support determination live with the parent, the court *** shall deduct an amount from that parent's gross income that equals the number of such minor children times the federal income tax exemption for such children less child support received for them for the year, not exceeding the federal income tax exemption." (Emphasis added.)
{¶ 14} Accordingly, Line 8 of the child support calculation worksheet is used to deduct the federal exemption from the parent's annual income for other minor children born to this parent and another person. See Sheard v. Sheard (Dec. 20, 1999), 12th Dist. No. CA99-06-115;Caniglia v. Caniglia (May 15, 2000), 12th Dist. No. CA99-10-180; Frenchv. Burkhart (May 22, 2000), 5th Dist. No. 99CAF07038. Line 8 does not provide any sort of adjustment concerning the child to which the child support order pertains. Moreover, a Line 8 deduction is not an appropriate way of calculating a deviation for the amount of the child support obligation; instead, the court makes a determination to order a deviation after the court first calculates the actual annual obligation. R.C.
{¶ 15} We therefore find that the trial court abused its discretion when it acted contrary to R.C. Chapter 3119 by adjusting Gary's salary through a Line 8 deduction in an apparent attempt to grant him a deviation from the amount of child support calculated pursuant to the applicable worksheet and schedule.
{¶ 16} Accordingly, Gary's assignment of error is sustained solely to the extent that the trial court erred in its preparation of the child support calculation worksheet and the subsequent calculation of Gary's child support obligation. Therefore, we vacate the trial court's judgment ordering Gary to pay $423 per month in child support and remand for further proceedings consistent with this opinion. In remanding this matter to the trial court, we note that we take no position at this time as to whether the trial court should order a deviation in the calculation of Gary's amount of child support.
SLABY, P.J. and BATCHELDER, J. CONCUR.
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