Tuscarawas County Csea v. Boggan, Unpublished Decision (1-30-2004)
Tuscarawas County Csea v. Boggan, Unpublished Decision (1-30-2004)
Opinion of the Court
OPINION {¶ 1} Appellant Tuscarawas County Child Support Enforcement Agency ("TCCSEA") appeals the decision of the Tuscarawas County Court of Common Pleas, Juvenile Division. The Appellee is Anthony Boggan, who has not filed a brief in the within appeal. The relevant facts of the case sub judice are not in dispute. In October 2001, Jessie Barcus, the mother of the minor child Kobe Barcus, requested from TCCSEA an establishment of paternity and a child support order for said child. TCCSEA duly obtained genetic testing results and thereafter issued an administrative order establishing appellee as the natural and legal father of Kobe.
{¶ 2} On November 14, 2002, an administrative child support hearing was conducted. At that time, Jessie appeared in person, while appellee appeared via telephone from Florida, his apparent state of residence. The TCCSEA administrative hearing officer found appellee was earning $180 per week at his employment in Ft. Walton Beach, Florida. In addition, the hearing officer found appellee was under a prior order to pay support for Skyler, a child of another relationship, in the amount of $102 per month ($1,224 annually, including processing charges). Furthermore, the hearing officer also found appellee was under a prior order to pay support for Tyler, a child of another relationship, in the amount of $270.74 per month ($3,248.88 annually, including processing charges). However, in the preceding twelve months, appellee had paid nothing on Skyler's order, and just $687.28 on Tyler's order. Therefore, the hearing officer gave appellee a credit of $687.28 on line 9 of the support worksheet, representing the aggregate of appellee's support paid for his other children. The hearing officer thereupon set guideline support for Kobe, the child in the case sub judice, at $219.87 per month, commencing December 1, 2002.
{¶ 3} Pursuant to local practice, TCCSEA filed a complaint in the trial court seeking adoption of the aforementioned administrative order. However, the magistrate issued a decision on February 13, 2003, which modified the administrative hearing officer's recommendation by granting appellee a line 9 deduction of $4,385.16, reflecting the amount the magistrate found that appellee had been ordered to pay for Skyler and Tyler. As a result, appellee's support obligation was set at $157.68 per month. TCCSEA thereupon filed an objection to said magistrate's decision; however, the trial court issued a judgment entry on May 21, 2003, adopting the magistrate's decision as the order of the court.
{¶ 4} TCCSEA timely appealed, and herein raises the following sole Assignment of Error:
{¶ 7} In Booth v. Booth (1989),
{¶ 8} The present version of the support guideline statute, R.C.
{¶ 9} Generally, "* * * we must presume the legislature means what it says; we cannot amend statutes to provide what we consider a more logical result." State v. Virasayachack (2000),
{¶ 10} Accordingly, TCCSEA's sole Assignment of Error is granted.
{¶ 11} The judgment of the Court of Common Pleas of Tuscarawas County, Ohio, Juvenile Division is hereby reversed and remanded.
Hoffman, P.J. and Wise, J., concur.
Reference
- Full Case Name
- Tuscarawas County Csea v. Anthony J. Boggan
- Cited By
- 1 case
- Status
- Unpublished