Court of Appeals of Ohio, Fifth District, Tuscarawas
STEPHEN J. DIDONATO, et al. Plaintiffs-Appellees
CHRISTINA HUTH DIDONATO Defendant-Appellant
Appeal from the Court of Common Pleas, Case No. 2013 TC 07
Plaintiff-Appellee DiDonato ROBERT C. URBAN, JR. JOHNSON,
UNBAN & RANGE CO. LPA
Defendant-Appellant MICHELA HUTH
Intervenor-Appellee CSEA DEBORAH L. EASTERDAY TRACI A. BERRY
TUSCARAWAS COUNTY CSEA
JUDGES: Hon. John W. Wise, P. J. Hon. Craig R. Baldwin, J.
Hon. Earle E. Wise, Jr., J.
John, P. J.
Appellant Christina Huth DiDonato appeals from the decision
of the Court of Common Pleas, Tuscarawas County, adopting an
administrative modification of child support rendered by
Appellee Tuscarawas County Child Support Enforcement Agency.
Appellee Stephen DiDonato, appellant's former spouse, is
the obligee for child support purposes. The relevant facts
leading to this appeal are as follows.
Appellant Christina Huth DiDonato and Appellee Stephen
DiDonato were married in September 2001 in Florida. They are
the parents of two minor children: D.D., born in 2004, and
P.D., in 2007.
On April 8, 2014, the parties were granted a divorce pursuant
to an agreed entry in the Tuscarawas County Court of Common
Pleas. Appellant Christina was designated the sole
residential parent and legal custodian of the two children,
subject to visitation and parenting rights of Appellee
However, just one month later, on May 7, 2014, appellee filed
a motion to modify parental rights and responsibilities,
requesting that he be named the residential and legal
custodian of D.D. and P.D. based upon a change in
On July 22, 2015, following a lengthy period of court action,
the trial court granted Appellee Stephen's motion to
modify and named appellee as residential parent and legal
custodian of the children. The trial court further found
appellee should make all educational and medical decisions
for the children. In addition, appellant was ordered to pay
child support of $298.96 per month, plus processing fees.
Appellant Christina appealed to this Court regarding the July
22, 2015 decision to change residential parent status to
appellee, as well as a clarification entry issued by the
trial court on September 2, 2015. However, on April 11, 2016,
we affirmed the trial court's decisions. See DiDonato
v. DiDonato, 5th Dist. Tuscarawas Nos. 2015 AP 07 0042,
2015 AP 09 0051, 63 N.E.3d 660, 2016-Ohio-1511.
In the meantime, on March 12, 2015, appellee had filed a
motion for contempt regarding inter alia the public
exchange of the children and the doctor's appointments of
the children. On September 2, 2015, the trial court adopted a
May 28, 2015 magistrate's decision (with some
modification) finding appellant in contempt. Appellant was
sentenced to sixty days in jail, suspended upon compliance
with certain purge provisions. Appellant again appealed to
this Court. On May 23, 2016, we affirmed the decision of the
trial court regarding contempt. See DiDonato v.
DiDonato, 5th Dist. Tuscarawas No. 2015 AP 09 0055, 66
N.E.3d 24, 2016-Ohio-3129.
On August 17, 2018, appellant submitted a request for an
administrative review of the child support order. In
accordance with R.C. 3119.60, a "desk review" was
scheduled for October 8, 2018. As a result of the desk
review, an administrative adjustment recommendation was
issued on October 10, 2018, leaving the order at $298.96 ...