FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. DR-2013-02-0236
HOSTETLER, pro se, Appellant.
MELISSA PHILLIPS, pro se, Appellee.
DECISION AND JOURNAL ENTRY
James Hostetler appeals from the Summit County Court of
Common Pleas, Domestic Relations Division. This Court
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
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.
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.
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.
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
Mr. Hostetler appeals raising three assignments of error.
ASSIGNMENT OF ERROR NO. 1