Court of Appeals of Ohio, Fifth District, Fairfield
from the Court of Common Pleas, Domestic Relations Divison,
Case No. 13 DR 483
Plaintiff-Appellant HOLLY P. REGOLI
Defendant-Appellee THOMAS C. LIPP, KEVIN J. TROTTER
JUDGES: Hon. Patricia A. Delaney, P.J. Hon. Craig R. Baldwin,
J. Hon. Earle E. Wise, Jr., J.
1} Plaintiff-Appellant Nicholas Bosch (Father), appeals the
February 14, 2017 judgment entry adopting the
magistrate's decision of the Fairfield County Court of
Common Pleas Domestic Relations Division. Defendant Appellee
is Kelly Bosch (Mother).
AND PROCEEDURAL HISTORY
2} Father and Kelly Bosch were married in September 2008 and
have two minor children, one born before their marriage, and
one after. They separated in October, 2013. Father filed for
a divorce on November 6, 2013. The matter proceeded to a
trial before a magistrate on March 14, 2016. The sole purpose
of the trial was to address financial matters. Here on
appeal, Father's sole issue is the trial court's
imputation of his income in the amount of $70, 976.48.
3} Before trial, Father had four different attorneys. At
trial, Father represented himself. He made no opening or
closing argument, presented no evidence or exhibits, declined
to testify, and cross-examined Mother only as to her current
income. He presented no evidence as to his current or prior
income. He then rested his case.
4} Mother, through counsel, presented evidence of her own
income and expenses, as well as W-2's from Father's
last known place of employment, Scioto Ready Mix.
Father's gross income with Scioto Ready Mix was $70,
5} At the conclusion of the trial the parties were directed
to submit proposed findings of fact and conclusions of law.
Father filed the same on April 19, 2016. The document
included seven exhibits and information that Father did not
present at trial. The magistrate issued her decision on
October 19, 2016. In rendering her decision, the magistrate
did not consider the exhibits or information that Father
failed to present at trial.
6} Father filed objections to the magistrate's decision
on October 31, 2016. Mother filed a reply on January 30,
2017. On January 31, Father filed "Amended and
Supplemental Objections to the Magistrate Decision." In
each, Father attempted to introduce evidence and pose
arguments that should have been raised at trial.
7} On February 14, 2017, the trial court denied Father's
objections and amended objections, and ...