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Phillips v. Hostetler

Court of Appeals of Ohio, Ninth District, Summit

May 17, 2017

MELISSA PHILLIPS Appellee
v.
JAMES HOSTETLER Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. DR-2013-02-0236

          JAMES HOSTETLER, pro se, Appellant.

          MELISSA PHILLIPS, pro se, Appellee.

          DECISION AND JOURNAL ENTRY

          CALLAHAN, Judge.

         {¶1} James Hostetler appeals from the Summit County Court of Common Pleas, Domestic Relations Division. This Court affirms.

         I.

         {¶2} Mr. Hostetler and Melissa Phillips are the parents of three children. In 2013, their marriage was dissolved by a decree incorporating their separation agreement and shared parenting plan. In October 2015, Ms. Phillips moved to terminate shared parenting and requested that the court also address child support.

         {¶3} The matter was scheduled for an initial hearing on January 12, 2016 and subsequently referred to mediation. In addition, a series of hearings were held before a magistrate. As it relates to the matter on appeal, the final magistrate's hearing was held on July 11, 2016.

         {¶4} On August 3, 2016, the magistrate issued a decision designating Ms. Phillips the residential parent of the children, setting a visitation schedule for Mr. Hostetler, and determining Mr. Hostetler's child support obligation. The magistrate found that Ms. Phillips earns $32, 000 annually and Mr. Hostetler earns $33, 840 annually; that Ms. Phillips provides health insurance for the children; and that "[t]he parties reached a full agreement on all parenting related issues." A child support computation worksheet was attached to the decision.

         {¶5} Mr. Hostetler filed objections arguing that a different child support worksheet had been relied upon at a hearing in May 2016; that his income figure in the new worksheet was inaccurate; and that his income documents had not been provided to Ms. Phillips' attorney until after the hearing, and therefore, she could not have had the correct amount. Ms. Phillips responded in opposition, noting that her attorney had received income information from Mr. Hostetler's employer prior to the hearing and submitted copies of those records to the court.

         {¶6} The trial court overruled Mr. Hostetler's objections. The court noted that Mr. Hostetler had not requested a transcript of the hearing. Consequently, the court accepted the magistrate's findings of fact as correct. The court ordered that Ms. Phillips was the residential parent, set a visitation schedule for Mr. Hostetler, and ordered Mr. Hostetler to pay Ms. Phillips $706.17 per month in child support.

         {¶7} Mr. Hostetler appeals raising three assignments of error.

         II.

ASSIGNMENT OF ERROR NO. 1

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