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DiDonato v. DiDonato

Court of Appeals of Ohio, Fifth District, Tuscarawas

July 25, 2019

STEPHEN J. DIDONATO, et al. Plaintiffs-Appellees
v.
CHRISTINA HUTH DIDONATO Defendant-Appellant

          Civil Appeal from the Court of Common Pleas, Case No. 2013 TC 07 0288

          For Plaintiff-Appellee DiDonato ROBERT C. URBAN, JR. JOHNSON, UNBAN & RANGE CO. LPA

          For Defendant-Appellant MICHELA HUTH

          For 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.

          OPINION

          Wise, John, P. J.

         {¶1} 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.

         {¶2} 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.

         {¶3} 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 Stephen.

         {¶4} 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 circumstances.

         {¶5} 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.

         {¶6} 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.

         {¶7} 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.[1]

         {¶8} 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 ...


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