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Rowe v. Rowe

Court of Appeals of Ohio, Ninth District, Wayne

March 26, 2018

NATALIE E. ROWE, nka MARSHALL Appellee
v.
TODD A. ROWE Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF WAYNE, OHIO CASE No. 13-DI-0371

          R.J. HELMUTH, Attorney at Law, for Appellant.

          LON VINION, Attorney at Law, for Appellee.

          DECISION AND JOURNAL ENTRY

          JULIE A. SCHAFER JUDGE

         {¶1} 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.

         I.

         {¶2} 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.

         {¶3} 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.

         {¶4} 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 entered judgment.

         {¶5} 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.

         II.

         Assignment of Error I

         The 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 cost.

         Assignment ...


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