Collins v. Collins, 2008-Ca-00028 (9-26-2008)
Collins v. Collins, 2008-Ca-00028 (9-26-2008)
Opinion of the Court
{¶ 2} "I. THE TRIAL COURT ERRED IN THE CALCULATION OF DEFENDANT-APPELLANT'S CHILD SUPPORT OBLIGATION BY NOT PROVIDING THE ADJUSTMENT FOR SPOUSAL SUPPORT RECEIVED BY PLAINTIFF-APPELLEE.
{¶ 3} "II. THE HEALTH INSURANCE ORDER REGARDING THE PERCENTAGE OF CO-PAY OR DEDUCTIBLE OBLIGATION OF THE PARTIES FOR THE MINOR CHILDREN AND THE ORDER ALLOCATING MARITAL DEBT SHOULD BE ADJUSTED TO REFLECT THE CORRECT PERCENTAGE AFTER CREDITING PLAINTIFF-APPELLEE FOR THE SPOUSAL SUPPORT RECEIVED.
{¶ 4} "III. THE TRIAL COURT ABUSED ITS DISCRETION AND COMMITTED REVERSIBLE ERROR WHEN IT SET THE AMOUNT AND DURATION OF SPOUSAL SUPPORT.
{¶ 5} "IV. THE TRIAL COURT ABUSED ITS DISCRETION AND COMMITTED REVERSIBLE ERROR BY NOT DIVIDING THE PARTIES ASSETS AND DEBTS IN AN EQUITABLE FASHION."
{¶ 6} The trial court granted the divorce on February 15, 2008. Plaintiff-appellee was named residential parent of the parties' two minor children, and appellant was ordered to pay child support computed on a child support worksheet which the court *Page 3 attached to the decree of divorce. The court also ordered appellant to pay spousal support to appellee in the amount of $1500 per month for a period of six years, and an additional $161.68 per month for appellee's share of the marital debts.
{¶ 7} The child support worksheet stated appellant had slightly more than seventy-six percent of the parties' combined annual income, and appellee's slightly less than twenty-four percent.
{¶ 8} The trial court allocated the marital debts between the parties based on the income percentages on the child support worksheet. The court ordered appellant to furnish health insurance for the children. Appellee was to be responsible for all co-pays less than $100 per year per child, but co-pays and deductibles greater than $100 per year per child would be paid by the parties according to the income percentages on the child support worksheet.
{¶ 10} Appellee concedes case law requires in computing the child support obligation, the trial court must deduct spousal support from the income of the obligor and include it as income on the obligee's side of the worksheet. Appellee concedes while the trial court deducted the spousal support from appellant's income, it did not include it in her income. *Page 4
{¶ 11} We find the trial court erred in computing the parties' incomes and consequently, in determining the percentages allocated to each on the child support worksheet. The first assignment of error is sustained.
{¶ 13} The second and fourth assignments of error are sustained.
{¶ 15} Our standard of reviewing decisions of a domestic relations court is generally the abuse of discretion standard, see Booth v.Booth (1989),
{¶ 16} R.C.
{¶ 17} The trial court was free to weigh the credibility of the witnesses and to weigh the various factors, and this court cannot substitute our judgment for that of the court. We conclude the court did not abuse its discretion in determining the amount and duration of spousal support.
{¶ 18} The third assignment of error is overruled. *Page 6
{¶ 19} For the foregoing reasons, the judgment of the Court of Common Pleas, Domestic Relations Division, of Licking County, Ohio, is affirmed in part and reversed in part, and the cause is remanded to the court for further proceedings in accord with law and consistent with this opinion.
By Gwin, P.J., Farmer, J., and Wise, J., concur
Reference
- Full Case Name
- Angela Rebecca Collins v. Todd Edward Collins
- Cited By
- 4 cases
- Status
- Published