FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. DR-2011-01-0193
T. GATTS, Attorney at Law, for Appellant.
GRASKI, Attorney at Law, for Appellee.
DECISION AND JOURNAL ENTRY
A. TEODOSIO, JUDGE.
Angela Vanest appeals from the December 15, 2016, judgment
entry of the Summit County Court of Common Pleas, Domestic
Relations Division, overruling her objections to the
magistrate's decision. We reverse and remand.
In January 2011, Ms. Vanest filed a complaint for legal
separation and allocation of parental rights against
Dominique Vanest, and in July 2011, the trial court entered a
decree of divorce and approved a shared parenting plan for
the couple's three children. In July 2016, the trial
court entered an agreed judgment entry maintaining the shared
parenting plan, naming Ms. Vanest the residential parent for
school purposes of two of the children, and naming Mr. Vanest
the residential parent for school purposes of one of the
children. Also in July 2016, a magistrate's decision set
child support to be paid by Mr. Vanest in the amount of
$43.67 per month, with the decision being adopted by the
trial court. Ms. Vanest filed objections to the
magistrates' decision, and on December 15, 2016, the
trial court entered judgment overruling her objections. Ms.
Vanest now appeals, raising two assignments of error.
OF ERROR ONE
COURT ABUSED ITS DISCRETION IN USING A SPLIT CUSTODY
WORKSHEET PURSUANT TO R.C. 3119.023 SINCE THE VANESTS'
CUSTODY ARRANGEMENT DOES NOT FIT THE DEFINITION OF SPLIT
CUSTODY PARENTAL RIGHTS AND RESPONSIBILITIES AND IN FAILING
TO PROPERLY USE THE SHARED CUSTODY WORKSHEET PURSUANT TO R.C.
3119.022 AS REQUIRED BY STATUTE AND OHIO CASE LAW.
In her first assignment of error, Ms. Vanest argues the trial
court abused its discretion when it utilized a split custody
worksheet to calculate child support despite the fact that
the parties had shared parenting of their children. We agree.
On the appeal from an order for child support, a reviewing
court reviews the order of the trial court for an abuse of
discretion. Booth v. Booth, 44 Ohio St.3d 142, 144
(1989). An abuse of discretion is more than an error of
judgment; it means that the trial court was unreasonable,
arbitrary, or unconscionable in its ruling. Blakemore v.
Blakemore, 5 Ohio St.3d 217, 219 (1983). When applying
this standard, a reviewing court is precluded from simply
substituting its own judgment for that of the trial court.
Pons v. Ohio State Med. Bd., 66 Ohio St.3d 619, 621
"When it first awards child support, the court must
calculate the amount in accordance with the statutory
schedule and the applicable worksheet * * *." Irish
v. Irish, 9th Dist. Lorain No. 10CA009810,
2011-Ohio-3111, ¶ 14. "Regardless of whether the
trial court determines that a shared parenting plan or a
split parental rights arrangement is adopted, it must use the
worksheet which corresponds with the parenting plan that it
orders, i.e. a shared parenting plan order requires use of
the shared parenting worksheet, a split parenting plan
requires use of the split parenting worksheet."
Ullom v. Ullom, 7th Dist. Columbiana No. 01 CO 33,
2002-Ohio-3005, ¶ 15. "When a court or child
support enforcement agency calculates the amount of child
support to be paid pursuant to a child support order in a
proceeding in which * * * the court issues a shared parenting
order, the court or agency shall use a worksheet identical in
content and form to the [shared parenting order
worksheet]." R.C. 3119.022. The worksheet identified in
Section 3119.022 is the "shared parenting"
worksheet. Sandorf v. Sandorf, 190 Ohio App.3d 355,
2010-Ohio-5326, ¶ 6.
"R.C. 3119.022 governs the procedures for awarding and
calculating child support. Its provisions are mandatory in
nature and must be followed literally and technically in all
material aspects * * *." Irish at ¶ 14.
See also Albright v. Albright, 4th Dist. Lawrence
No. 06CA35, 2007-Ohio-3709, ¶ 7; Coward v.
Coward, 5th Dist. Licking No. 15-CA-46, 2016-Ohio-670,
¶ 17. "R.C. 3119.022 provides the worksheet to be
completed by a trial court in calculating child support under
a shared parenting order. Completion of a worksheet,
identical in ...