In The Court Of Appeals First Appellate District Of Ohio Hamilton County, Ohio (Page 2 of 4) in pdf

In The Court Of Appeals First Appellate District Of Ohio Hamilton County, Ohio Page 2

OHIO FIRST DISTRICT COURT OF APPEALS

overruled his objection and adopted the magistrate’s decision as the judgment of the

court.

In November 2008, Speller filed a motion to modify his temporary child-

support obligation because he had lost his job. In March 2009, the trial court held a

hearing on Speller’s motion. That same day, the trial court journalized an entry

setting child support based upon the following agreement between Brady and

Speller: (1) that Speller would use his tax intercept to pay the $2000 arrearage that

had accumulated since August 22, 2008; (2) that Speller would pay $400 a month in

child support for the months of March and April 2009; (3) that Speller would pay

$600 a month in child support effective May 1, 2009, unless modified by the court;

(4) that Speller had paid Brady $500 each month in child support beginning in May

2007 and ending in May 2008; and (5) that the trial court would continue the matter

to March 31, 2009, for an evidentiary hearing on the amount of any arrearage Speller

owed from June 2006 until May 2007 and for the months of June, July, and August

2008. No child-support worksheet was attached to the trial court’s entry.

At the March 31 evidentiary hearing, the trial court heard testimony from

both Brady and Speller. On May 1, 2009, the trial court issued a judgment entry on

the child-support arrearage. The trial court found that while Speller and Brady had

entered into a series of real estate transactions, Speller had put forth no evidence

that any money generated by those transactions was intended to be child support. As

a result, the court ordered Speller to pay $500 a month for the 14 months in

question, for a total of $7,000. The entry further provided that effective May 1,

2009, Speller’s child-support order would be $600 per month in addition to $120

per month on the arrearage until it was extinguished. No child-support worksheet

was attached to the trial court’s entry.

In The Court Of Appeals First Appellate District Of Ohio Hamilton County, Ohio Page 2