V.C. v. O.C.


[Cite as V.C. v O.C., 2021-Ohio-1491.] COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA V.C., : No. 109988 : Plaintiff-Appellee, : v. : O.C., : Defendant-Appellant. JOURNAL ENTRY AND OPINION JUDGMENT: AFFIRMED IN PART; REVERSED IN PART; REMANDED RELEASED AND JOURNALIZED: April 29, 2021 Civil Appeal from the Cuyahoga County Court of Common Pleas Domestic Relations Division Case Nos. DR-11-338367 and DR-18-371176 Appearances: Ronald A. Skingle, for appellee Mother. John H. Lawson, for appellees Children. O.C., pro se. EILEEN A. GALLAGHER, P.J.: Father-appellant, O.C. (“Father”), pro se, appeals from the trial court’s order terminating a shared parenting plan, designating Mother-appellee, V.C. (“Mother”), as residential parent and legal custodian of the parties’ three minor children and ordering Father to pay $2,444.83 per month in child support and costs. Father also challenges several of the trial court’s interim orders relating to child custody and child support, the trial court’s denial of his motion to remove the guardian ad litem and certain evidentiary rulings. For the reasons that follow, we find that the trial court did not abuse its discretion in terminating the parties’ shared parenting plan and designating Mother as residential parent and legal custodian of the parties’ minor children. However, we find that the trial court failed to apply the appropriate standard and, therefore, abused its discretion, in determining the amount of Father’s child support obligation. Accordingly, we reverse the trial court’s child support order and remand for proceedings on that issue. We otherwise affirm the trial court’s decision. Procedural and Factual Background Mother and Father were married on August 21, 1999 in Nigeria. The couple later immigrated to the United States. They have four children — daughter C.C. (d.o.b. 1/29/00), son C.F.C. (d.o.b. 3/27/03), daughter C.T.C. (d.o.b. 8/24/06) and son U.C.C. (d.o.b. 5/28/10). On September 13, 2011, Mother filed a complaint for legal separation in Cuyahoga C.P. No. DR-11-338367. On March 26, 2013, the couple was granted a legal separation. The judgment entry of legal separation (the “separation order”) incorporated a shared parenting plan for the parties’ minor children. Under the shared parenting plan, Mother and Father were both designated residential parents and legal custodians of their minor children and were to have alternate weeks of parenting time, i.e., following a 50/50 parenting time schedule. Each week, the parent who was then “in possession” of the children was to deliver the children to the other parent on Sunday evening at 5:00 p.m. At that time, Mother and Father, who are both physicians, resided in separate residences in Solon. Although Mother was designated the child support obligor in the separation order, no child support was ordered to be paid under the separation order when Mother was providing private health insurance for the children. The separation agreement provided that the designation of Mother as child support obligor and Father as child support obligee was “without prejudice” and that “[u]pon the filing of a motion to modify child support * * *, there shall be a de novo determination as …

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