In Re Caravano, Unpublished Decision (3-7-2005)
In Re Caravano, Unpublished Decision (3-7-2005)
Opinion of the Court
{¶ 3} On May, 20, 2003, the trial court conducted a hearing on the issue of child support. The trial court issued findings of fact and conclusions on law via Judgment Entry filed May 26, 2004. The trial court specifically found appellants were voluntarily unemployed and/or underemployed. Paul Caravano, a chemical engineer, took an early retirement from American Electric Power at the end of 2002, through a buy out plan. Christine Caravano, also a chemical engineer, worked full-time from 1989, to 1997, parttime during 1998, and then ceased working. In 2003, Christine worked a seasonal parttime job at the rate of $6.50/hour. The trial court noted it was not bound by appellants' subjective decision to retire, citing Rock v. Cabral (1993),
{¶ 4} Appellants claim they did not receive the May 26, 2004 Entry until June 4, 2004. Appellants filed a Request for Finding of Facts Pursuant to Civ. R. 52 on June 15, 2004. Appellants also filed a Motion for a New Trial on June 22, 2004. On June 24, 2004, appellants filed a Notice of Appeal.
{¶ 5} Appellants raise the following assignments of error:
{¶ 6} "I. The court errored [sic] when it issued the judgment entry filed May 26, 2004, because the court had counsel for the csea write the decision and file. counsel for appellants did not participate in this process, nor was given notice and did not receive this entry until after it was mailed on june 4, 2004. this was a denial of appellants right to have assistance of counsel and a denial of due process under the vi and
{¶ 7} "II. The court errored [sic] in not allowing consideration of the $250.00 per month per child adoption assistance received in consideration of the monthly child support obligation to be paid by appellants and therefore committed an abuse of discretion.
{¶ 8} "III. The trial court errored [sic] in finding the appellants voluntarily unemployed and underemployed with no evidence to support this claim and therefore committed an abuse of discretion.
{¶ 9} "IV. The court errored [sic] in finding a specific amount the appellant would be able to earn with no evidence to support this claim and therefore committed an abuse of discretion.
{¶ 11} Appellants cite Article
{¶ 12} Accordingly, this portion of appellants' first assignment is overruled.
{¶ 13} Appellants also assert a due process violation in the manner in which the May 26, 2004 Judgment Entry was prepared and filed. Appellants cite Shapiro v. Shapiro (1992),
{¶ 14} Appellants further contend the fact the trial court signed the judgment entry, which was prepared and submitted by counsel for the Agency, without giving them the opportunity to be heard violated their due process rights. We disagree.
{¶ 15} Appellants were afforded their due process through the notice and opportunity to be heard at the May 20, 2003 hearing. Upon completion of the hearing, the matter was ready for the trial court to determine. No further notice to either party was necessary or required. We find no prohibition against the trial court's ordering the prevailing party to submit a proposed judgment entry for the court's approval. Indeed, we believe such is a common practice. It is the trial court which ultimately decides whether to approve, modify, or discard the proposed entry. Appellants have offered no authority to support their assertion this practice violates due process, and this Court is not aware of any such authority. Accordingly, we find appellants' due process rights were not violated.
{¶ 16} Appellants' first assignment of error is overruled.
{¶ 18} The Agency relies on Patton v. Patton (2001),
{¶ 19} The Patton Court explained:
{¶ 20} "While we do not dispute that SSI benefits are arguably a financial resource of a recipient, we do not believe that SSI benefits are the type of `financial resource' that justifies a trial court's decision to deviate from the basic child support schedules.
{¶ 21} "`The basic purpose underlying the supplemental security income program is to assure a minimum level of income for people who are * * * disabled and who do not have sufficient income and resources to maintain a standard of living at the established Federal minimum income level.' Section 416.110, Title 20, C.F.R * * * The amount of SSI an eligible individual receives is determined based upon the individual's income and resources. Id. If the recipient of SSI is a child who receives child support, the amount of child support received from the absent parent must be taken into account when determining the amount of SSI the child will receive. Section 1382a(b)(9), Title 42, U.S.Code. * * *
{¶ 22} "A majority of jurisdictions that have addressed this issue hold that `a parent is not entitled to a credit in his [or her] child support obligation for SSI benefits received on behalf of a disabled child.' State ex rel. Dept. of Social Serv. Div. of Child SupportEnforcement v. Kost (Mo.App. 1998),
{¶ 23} "The factual scenario before us is quite different from one involving a child who has independent financial assets such as an inheritance or income derived from employment. While these assets may lessen a child's need for financial support from his or her parents, SSI benefits, which are unlike other types of financial resources, do not diminish a child's need for support. See Kost,
{¶ 24} We find the same rationale applies herein. The Federal Adoption Subsidy, which was created in 1980 with the passage of Public Law
{¶ 25} Appellants' second assignment of error is overruled.
{¶ 27} "Where a transcript of any proceeding is necessary for disposition of any question on appeal, the appellant bears the burden of taking the steps required to have the transcript prepared for inclusion in the record. Knapp v. Edwards Labs. (1980),
{¶ 28} Because appellants failed to provide this Court with those portions of the transcript necessary for resolution of their arguments, we presume the regularity of the proceedings below and affirm pursuant to the directive set forth in Knapp, supra.
{¶ 29} Appellants' third and fourth assignments of error are overruled.
{¶ 30} The judgment of the Fairfield County Court of Common Pleas, Juvenile Division, is affirmed.
Hoffman, J., Gwin, P.J. and Wise, J. concur.
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