Court of Appeals of Ohio, Twelfth District, Butler
FROM BUTLER COUNTY COURT OF COMMON PLEAS DOMESTIC RELATIONS
DIVISION Case No. DR2016-10-0987
Office of Dennis L. Adams, Esq., LLC, Dennis Lee Adams, for
1} Appellant, Amanda McFarland ("Wife"),
appeals from a decision of the Butler County Court of Common
Pleas, Domestic Relations Division, which imputed income to
her in calculating her child support obligation, and declined
to find appellee, Griffin McFarland ("Husband"), in
contempt. For the reasons stated below, we affirm.
2} Husband and Wife were married in November 2008.
They have one child born issue of the marriage. In June 2016,
the parties separated. In October of that same year, Husband
filed a complaint for divorce.
3} Shortly thereafter, Wife filed a motion to
establish spousal support. In her motion, Wife requested that
the trial court order Husband to pay her a sum of money on a
weekly basis so that she could continue paying her personal
and household expenses. After a hearing, the trial court
granted Wife's motion, and ordered Husband to pay
temporary spousal support in the amount of $473 a month,
effective November 1, 2016.
4} In May 2017, Wife moved the trial court to assign
payment of the mortgage debt of the parties. After another
hearing, the trial court granted the motion, and ordered
Husband to make the monthly mortgage payment, beginning with
the May 2017 payment, and continuing for each monthly payment
5} In August 2017, Wife filed a motion for contempt
for non-payment of spousal support, arguing that Husband had
failed to pay the temporary spousal support ordered by the
trial court, and therefore, should be found in contempt. A
few months later, in October 2017, Wife filed a second motion
for contempt. In this motion, Wife argued Husband had failed
to pay the mortgage as ordered, resulting in an action of
foreclosure on the property. As such, Wife requested the
trial court to find Husband in contempt of the trial
court's May 2017 order.
6} The trial court addressed both of Wife's
motions for contempt at the final contested hearing. After
hearing testimony from Wife and Husband, the trial court
declined to make a finding of contempt and denied Wife's
motions. In addition, the trial court designated Husband the
residential parent and legal custodian of the child, and
ordered Wife to pay Husband child support in the amount of
$203.79 per month.
7} Wife now appeals, raising three assignments of
8} Assignment of Error No. 1:
9} THE TRIAL COURT ERRED TO THE PREJUDICE OF THE
APPELLANT IN THE CALCULATION OF HER INCOME FOR CHILD SUPPORT.
10} Wife argues the trial court erred by imputing
additional income when calculating her child support
obligation. Specifically, Wife claims the trial court failed
to find that she was voluntarily underemployed or consider
the criteria set forth in R.C. 3119.01. We disagree.
11} Whether a person is voluntarily underemployed
and the amount of income to be imputed "are matters to
be determined by the trial court based upon the facts and
circumstances of each case." Rock v. Cabral, 67
Ohio St.3d 108 (1993), paragraph one of the syllabus. A
determination with respect to these matters will only be
reversed upon a showing of abuse of discretion. Id.
More than an error of law or judgment, an abuse of discretion
connotes that the trial ...