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Drum v. Drum

Court of Appeals of Ohio, Tenth District

June 27, 2013

Tonya R. Drum, Plaintiff-Appellee,
v.
Sean D. Drum, Defendant-Appellant.

APPEAL from the Franklin County Court of Common Pleas, Division of Domestic Relations (C.P.C. No. 97DR-09-3896)

Tonya R. Drum, pro se.

Sean D. Drum, pro se.

DECISION

TYACK, J.

{¶ 1} Sean D. Drum is appealing from the results of proceedings to compute his child support obligation. He assigns three errors for our consideration:

[I.] THE FRANKLING [sic] COUNTY CHILD SUPPORT AGENCY ERRED BY IMPROPERLY IMPUTING A WAGE.
[II.] THE MAGISTRATE ERRED BY MAKING A JUDGEMENT [sic] WHERE THE WEIGHT OF THE EVIDENCE DOES NOT SUPPORT IT.
[III.] THE TRIAL COURT ERRED BY DENYING APPELLANT'S ORAL MOTION FOR CONTINUATION.

{¶ 2} Neither Sean's ex-wife nor the Franklin County Child Support Enforcement Agency ("FCCSEA") has filed a brief in this appeal, so we address the issues solely based upon the brief filed by Sean and upon the record transmitted to us. That record includes two transcripts of proceedings, only one of which pertains to the present issues.

{¶ 3} Sean is responsible for a total of eight children which he has fathered. He has an extensive history of not paying his child support which has led to numerous contempt findings against him.

{¶ 4} In these proceedings, Sean claimed to be unemployed. The magistrate who heard some of the proceedings obviously did not believe that Sean was unemployable and imputed $46, 320 of income to him, based upon the median annual income for food service managers. Sean's wife is listed on their tax returns as the proprietor of a tavern which allegedly turned a profit of only $132 in 2009, despite gross receipts of over $125, 000. In 2010, with gross receipts of $91, 255 a profit of only $2, 048 was declared. The magistrate clearly believed Sean helped manage the bar, despite his denial of involvement and therefore imputed the food service manager income to him.

{¶ 5} Sean did not provide a copy of the transcript of the evidentiary proceedings before the magistrate to the trial court judge when he filed objections to the magistrate's decision. As a result, the trial court judge really had no choice but to adopt the magistrate's factual findings. We now have that transcript.

{¶ 6} We cannot fault the trial court for relying on the only record it had as to the appropriateness of imputing income to Sean and accepting the income ...


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