NATALIE E. ROWE, nka MARSHALL Appellee
TODD A. ROWE Appellant
FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
WAYNE, OHIO CASE No. 13-DI-0371
HELMUTH, Attorney at Law, for Appellant.
VINION, Attorney at Law, for Appellee.
DECISION AND JOURNAL ENTRY
A. SCHAFER JUDGE
Respondent-Appellant, Todd Rowe, appeals the order of the
Wayne County Court of Common Pleas, Domestic Relations
Division modifying his child support. For the reasons that
follow, this court affirms.
Mr. Rowe and Petitioner-Appellee, Natalie Rowe, now known as
Natalie Marshall, were granted a decree of dissolution on
December 4, 2013. Two minor children were born of the
marriage ("Rowe children"). Ms. Marshall
subsequently married John Marshall.
Pursuant to the decree of dissolution, Mr. Rowe was
designated the obligor and Ms. Marshall the obligee for
purposes of child support and cash medical support.
Additionally, the court found that Mr. Rowe had private
health insurance coverage available for the children at a
reasonable cost through his then employer. Consequently, Mr.
Rowe was designated the health insurance obligor and ordered
to provide private health insurance for the children.
However, Mr. Rowe was thereafter terminated from his
employment and thus, lost his health insurance.
As Ms. Marshall is voluntarily unemployed and the Rowe
children were left without health insurance, Mr. Marshall
elected to add the Rowe children to the health insurance
policy available to him through his employment. Ms. Marshall
thereafter filed a motion to modify child support due to the
increased cost to her household to cover the Rowe children on
Mr. Marshall's policy. A magistrate granted Ms.
Marshall's motion and the trial court adopted the
magistrate's decision over Mr. Rowe's objections and
Mr. Rowe filed this timely appeal raising four assignments of
error for our review. As Mr. Rowe's first, second, and
third assignments of error raise similar issues, we elect to
address them together.
of Error I
trial court committed error as a matter of law in adopting
the magistrate's calculation on child support which
requires the appellant (obligor) to pay a portion of a
stepparent's health insurance premium when there is not
health insurance available to either parent at reasonable