Sowers v. Sowers

Citations

• 2018 Ohio 1057
• 109 N.E.3d 690

Syllabus

The trial court erred in requiring Appellant to establish a 10% deviation from the prior child support obligation and to also establish a substantial change of circumstances that was not contemplated at the time of parties' divorce decree, before the court would modify child support. In addition, the trial court erred in finding that Appellee was not earning more than the current minimum wage in Ohio, and in deviating from the calculated child support obligation without following the statutory requirements in R.C. 3119.22 and R.C. 3119.23. The court did not err in deciding the amount of Appellant's gross income that was due to Appellant's wages from employment. However, the court did err by including mileage reimbursements in Appellant's gross income without considering whether the reimbursement caused Appellant, effectively, to have a higher income. Affirmed solely with respect to the court's decision on Appellant's gross income from wages, reversed on all other grounds, and remanded for further proceedings.