FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. DR-1998-06-1433
M. DOHNER, Attorney at Law, for Appellant.
S. SANDEL, Attorney at Law, for Appellee.
DECISION AND JOURNAL ENTRY
S. CALLAHAN JUDGE.
David Choma ("Father") appeals from an order of the
Summit County Common Pleas Court, Domestic Relations
Division. This Court reverses.
Father and Lori Sandel ("Mother") are the divorced
parents of two children. Initially, Father was ordered to pay
child support to Mother. But, due to changing circumstances
over the years, Mother was later ordered to pay child support
Support obligations for the oldest child terminated in
September 2014 because she was 18 years old and no longer in
high school. Consequently, Mother's monthly support
obligation was reduced. The Summit County Child Support
Enforcement Agency ("CSEA") calculated a child
support overpayment of $12, 587.37 as of August 14, 2014.
In the meantime, Mother's salary had increased. On
January 29, 2015, Father filed a motion seeking an increase
in child support and reimbursement of medical expenses that
he had paid for the children. Mother then filed a motion
seeking repayment of the overpaid child support and
reimbursement of medical expenses that she had paid for the
children. Following a motion to consolidate hearing dates and
multiple motions for continuances, the matter came on for a
hearing before the magistrate on October 21, 2015.
At that hearing, evidence was presented regarding the
parties' incomes and the medical expenses each had paid
for the children. In addition, Mother presented a copy of the
order terminating child support for the oldest child and
listing the overpayment amount of $12, 587.37. Father
presented a sheet on which he had calculated an amount owed
to Mother, an amount owed to him, and a net amount that he
claimed Mother owed him.
The magistrate issued a decision in May 2016 finding that
Mother had previously overpaid child support to Father,
creating a credit due to Mother. The magistrate further found
that each party owed the other for medical expenses, but,
after offsetting the amounts, the net result was that Mother
owed Father for medical expenses. The magistrate also found
that Mother's child support obligation should be
increased effective January 29, 2015, creating an arrearage
that she owed to Father. After offsetting the amounts each
party owed the other, the magistrate concluded that Father
owed Mother a net amount of $7, 320.61.
Both sides filed objections to the magistrate's decision.
Among other things, the parties objected to the income
amounts used by the magistrate, the child support
calculations, and the net amount owed by Father to Mother.
Prior to receiving the objections, the trial court entered an
order terminating the child support obligation for the second
child because he was 18 years old and no longer in high
school. The recommendation from CSEA accompanying the order
noted that, as of March 31, 2016, there was a child support
overpayment of $12, 409.31.
In December 2016, the trial court entered its order ruling on
the parties' objections. The trial court corrected the
income amounts for both parties and the resulting child
support calculations. After calculating and applying various
offsetting amounts, the ...