In Re Harris, Unpublished Decision (11-19-2004)
In Re Harris, Unpublished Decision (11-19-2004)
Opinion of the Court
{¶ 2} Accordingly, the judgment of the trial court is Reversed, and this cause is Remanded for further proceedings consistent with this opinion.
{¶ 4} "Child support is modified. Income is not imputed to the Obligee. Imputation of income would result in higher child support due to daycare, which is not included in the computation used in this decision, as the motion [sic] testified she left work to become a stay at home mom."
{¶ 5} The magistrate ordered that Harris provide health insurance for Alyssa and that Harris be responsible for the first $100 incurrence of uninsured medical, dental, and optical expenses for Alyssa. The magistrate also ordered that the "[c]osts of the remaining medical, dental, optical and all psychological expenses, shall be shared by Obligor and Obligee in amounts equal to their percentage of total income found on Line 16 of the Child Support Computation Worksheet." Redmond's percentage of total income was 0%; Harris's percentage was 100%.
{¶ 6} Harris filed objections to the magistrate's decision. The trial court overruled Harris's objections, concluding that the magistrate had not erred in failing to impute income to Redmond, because Harris's child support obligation would actually have increased had daycare expenses also been included in the computation of child support. The trial court also found that "since the father is the parent that is currently employed and providing health care coverage for the child, the Court finds that it is not inequitable that he should bear the cost of any uncovered medical expenses." From the judgment of the trial court, Harris appeals.
{¶ 8} "The trial court clearly erred when it refused to Impute income to mother [sic] after she voluntarily left her Employment[.]
{¶ 9} "The trial court clearly erred when it concluded that if imputed income was attributed to mother [sic], than day care expenses would also need to be imputed[.]
{¶ 10} "The trial court clearly erred when it attributed 100% of uncovered medical expenses to appellant[.]"
{¶ 11} Harris contends that the trial court erred, in its modification of child support and order that Harris be 100% responsible for the remaining medical, dental, optical and all psychological expenses of the minor child, by failing to impute income to Redmond upon the stated ground that Harris's child support obligation actually would have increased had the daycare expenses that would have been necessary if Redmond had been working had also been included in the computation of child support. We agree.
{¶ 12} No testimony was offered at the hearing to establish either that daycare expenses would have been necessary had Redmond been working or the amount of those daycare expenses. Therefore, the reasoning that the trial court used in determining not to impute income to Redmond is erroneous because it depends upon factual findings that are not supported by evidence in the record. The trial court's decision, upon this erroneous ground, not to impute income to Redmond affected both its computation of child support and its order that Harris be 100% responsible for the remaining medical, dental, optical and all psychological expenses of the minor child. Accordingly, we remand this cause for further proceedings on Harris's Motion to Modify Child Support, including reconsideration whether income should be imputed to Redmond.
{¶ 13} Harris's first, second, and third assignments of error are sustained.
Brogan and Young, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.