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Rundo v. Rundo

Court of Appeals of Ohio, Eleventh District

September 30, 2013

ELIZABETH RUNDO, Plaintiff-Appellee,
v.
THOMAS RUNDO, Defendant-Appellant.

Civil Appeal from the Geauga County Court of Common Pleas, Case No. 06DC000994.

Elizabeth Rundo, pro se, (Plaintiff-Appellee).

Paul J. Mooney, Law Office of Paul J. Mooney, (For Defendant-Appellant).

OPINION

TIMOTHY P. CANNON, P.J.

(¶1} Appellant, Thomas Rundo, appeals the judgment of the Geauga County Court of Common Pleas increasing appellant's monthly child support obligation. For the following reasons, we affirm.

(¶2} Appellant and appellee, Elizabeth Rundo, divorced in May 2007. Together they have three minor children. In November 2008, the parties entered into an Agreed Entry that resolved, inter alia, daycare expenses. The entry stated:

[D]efendant Thomas Rundo shall pay the amount based on the percentage from the child support worksheet (currently 74%) of daycare expenses as incurred by plaintiff for her employment and/or work related purposes up to the current maximum amount of $7, 400 annually (based on a $10, 000 annual daycare expense and the current percentage.)
[D]efendant Thomas Rundo shall be billed only for his percentage amount owed from the daycare facility and shall receive from the daycare facility a statement or invoice. If the defendant is not satisfied that the daycare is work related, he reserves his right to file the appropriate motion with the Court.

(¶3} Appellant was ordered to pay $1, 567.03 when private medical insurance was available and cash medical support of $188 per month. Because of the parties' agreement, daycare expenses were not taken into account when calculating appellant's child support obligation.

(¶4} Appellee and the parties' three children moved to Florida in February 2009. The matter came before the Geauga County Child Support Enforcement Agency ("CSEA") for review of the child support calculation. As a result, appellant's child support was increased to the sum of $2, 117.73 when private medical insurance was available and cash medical support of $187.58. CSEA awarded an adjustment to appellee for her childcare expenses for the parties' three minor children of $6, 486 based upon correspondence and documentation submitted to CSEA by appellee.

(¶5} Appellant challenged this award, indicating it was inconsistent with the agreed entry of November 2008. The matter came for Administrative Hearing on May 30, 2012, upon the request of appellant. After the hearing, the hearing officer recommended that appellant's child support obligation, when private medical insurance is being provided, shall increase from $522.51 per child per month to $705.91 per month for each of the parties' three children. The hearing officer also found that it was reasonable for CSEA to include appellee's daycare costs.

(¶6} Appellant timely filed objections to the administrative findings and recommendations. The magistrate conducted a hearing on September 14, 2012. Appellant was represented by counsel, and appellee appeared pro se.

(¶7} At the hearing, the parties testified regarding the arrangement for daycare expenses. It is apparent from the record that the parties disagreed as to the essential terms of the agreement. As found by the magistrate, there is no evidence that appellant has ever paid any share of daycare expenses, at least since appellee moved to Florida. Appellant testified that he had not received any statement for any daycare facilities since the agreed judgment of November 2008, except a letter in October 2011. Conversely, appellee stated that her former attorney had sent a letter to appellant regarding reimbursement of daycare expenses; this letter, dated April 16, 2009, was admitted into evidence. The letter dated October 2011 was also admitted into evidence. To this letter, appellee attached documentation, to wit: a receipt from YMCA of $396 for the children to be in a daycare during the 2011 Christmas recess; a receipt for $57.75 for a period in March 2012; and a receipt for $453.75 in April 2012.

(¶8} The October 2011 letter and supporting documentation stated that appellee incurred $544.60 of daycare expenses for the children and requested appellant's portion of the payment. Consequently, ...


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