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Morningstar v. Burns

Court of Appeals of Ohio, Fifth District

June 21, 2013

CRYSTAL L. MORNINGSTAR, ET AL, Plaintiff-Appellant
v.
RYAN P. BURNS, Defendant-Appellee.

Appeal from the Fairfield County Court of Common Pleas, Domestic Relations Division, Case No. 11-PA-41.

For Plaintiff-Appellant CRYSTAL L. MORNINGSTAR, PRO SE.

For Defendant-Appellee JODELLE M. D'ARNICO.

Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Sheila G. Farmer, J.

OPINION

HOFFMAN, J.

{¶1} Plaintiff-appellant Crystal Morningstar appeals the September 4, 2012 Entry entered by the Fairfield County Court of Common Pleas, Domestic Relations Division, which approved and adopted the magistrate's September 4, 2012 Decision as order of the court. Defendant-appellee is Ryan Patrick Burns.[1]

STATEMENT OF THE CASE

{¶2} Appellant and Appellee are the biological parents of T.M. (dob 11/21/02). The parties have never been married. Appellant filed a Complaint to Determine Parentage and Support on February 14, 2011. The trial court ordered Appellee and the minor child undergo genetic testing. The test results indicated there was a 99.99% probability Appellee was T.M.'s father. Via Judgment Entry filed June 13, 2011, the trial court established a parent/child relationship between Appellee and his son, and ordered Appellee pay $500/month in child support.

{¶3} The parties entered into an Agreed Judgment Entry on July 11, 2011. Appellant was designated the sole residential parent and legal custodian of T.M. Appellee was granted parenting time, using a phase-in schedule.

{¶4} On January 25, 2012, Appellant filed a Verified Multi Branch Motion, seeking a modification of the child support award, including relief from the portion of the June 13, 2011 Judgment Entry which prevented her from seeking or the trial court awarding retroactive child support. On July 18, 2012, Appellee filed a motion to modify parenting time, asserting a change of circumstances warranted the modification.

{¶5} The magistrate conducted a hearing on the issues of modification of child support and modification of parenting time. Via Decision filed September 4, 2012, the magistrate found a change of circumstances warranted an increase in Appellee's parenting time. The magistrate also found a change of circumstances warranted a reduction in Appellee's child support obligation. Via Entry filed September 4, 2012, the trial court approved and adopted the magistrate's decision. Neither party filed objections to the magistrate's decision.

{¶6} Via Judgment Entry filed September 21, 2012, the trial court denied the portion of Appellant's Verified Multi Branch Motion seeking relief from the June 13, 2011 Judgment Entry.

{¶7} It is from the September 4, 2012 Entry, approving and adopting the Magistrate's Decision ...


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