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11 Ohio opinions name it 1 courts 2007–2022 1 in the last five years
The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Zeitler v. Zeitler, Unpublished Decision (10-20-2004)green2 sentences2014Lorain No. 04CA008444, 2004-Ohio-5551, ¶ 11 (“[U]nder R.C. 3119.04(B) there is no basis for ‘deviation,’ as the R.C. 3119.04(B) method prescribes that child support is to be set based on the qualitative needs and standard of living of the children and parents, not exacting calculations and deviations.”). {¶16} Here, the record reveals that, as of 2010, Father’s adjusted annual gross income increased from $111,352.04 to $151,134, while Mother’s adjusted annual gross income increased from $39,516.42 to $46,072, for a combined adjusted annual gross income of $197,206.3 Clearly, the parties’ 2010 2007If the court or *Page 12 agency makes such a determination, it shall enter in the journal the figure, determination, and findings." {¶ 30} This section has been construed to mean that the court must "(1) set the child support amount based on the qualitative needs and standard of living of the children and parents; (2) ensure that the amount set is not less than the $150,000-equivalent, unless awarding the $150,000-equivalent would be inappropriate (i.e., would be too much); and (3) if it decides the $150,000-equivalent is inappropriate or unjust (i.e., awards less), then journalize the justifi | 1 | 8 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Abbey v. Peavy
green
2 sentences2019Abbey v. Peavy, 8th Dist. Cuyahoga No. 100893, 2014-Ohio-3921, ¶ 24 , citing Siebert v. Tavarez, 8th Dist. Cuyahoga No. 88310, 2007-Ohio-2643, ¶ 31 , citing Zeitler v. Zeitler, 9th Dist. Summit No. 04CA008444, 2004-Ohio-5551, ¶ 8 . 2019Abbey v. Peavy, 8th Dist. Cuyahoga No. 100893, 2014-Ohio-3921, ¶ 24 . | 2 | 2019–2019 |
Chawla v. Chawla
green
2 sentences2019Id. {¶ 15} Here, the magistrate awarded $3,300 in child support, which the trial court, in the final decision and entry, increased to $4,800 per month to be reduced to $3,360 per month upon the emancipation of the older of the two minor children. 2016Id. {¶ 23} Here, the magistrate awarded $1,318.00 in temporary child support, which the trial court increased to $4,716.80 in the final divorce decree. | 2 | 2016–2019 |
Siebert v. Tavarez, 88310 (5-31-2007)
green
2 sentences2019Abbey v. Peavy, 8th Dist. Cuyahoga No. 100893, 2014-Ohio-3921, ¶ 24 , citing Siebert v. Tavarez, 8th Dist. Cuyahoga No. 88310, 2007-Ohio-2643, ¶ 31 , citing Zeitler v. Zeitler, 9th Dist. Summit No. 04CA008444, 2004-Ohio-5551, ¶ 8 . 2011No. 88310, 2007-Ohio-2643 , 2007 WL 1559565 , supports his contention. {¶ 18} In Siebert, the father earned $2.6 million per year and the use of extrapolation would have resulted in a monthly child-support award of $21,666. | 2 | 2011–2019 |
Bajzer v. Bajzer
green
1 sentence2014After J.K. emancipated, neither the magistrate nor the trial court reviewed this matter pursuant to R.C. 3119.04(B).4 Instead, the magistrate and trial court improperly based the upward “deviation” from guideline support upon some of the R.C. 3119.23 factors, including, (C), other court ordered payments, (G), disparity in incomes, (K), relative financial resources, other assets and resources and needs of each parent, (L), standard of living and circumstances of each parent, and standards of living the children would have enjoyed had the marriage continued, and (P), any other relevant factor (M | 1 | 2014–2014 |
Booth v. Booth
green
2 sentences2011Dunbar v. Dunbar (1994), 68 Ohio St.3d 369, 371 , 627 N.E.2d 532 , citing Booth v. Booth (1989), 44 Ohio St.3d 142, 144 , 541 N.E.2d 1028 ; Kendall v. Kendall, 6th Dist. 2011Dunbar v. Dunbar (1994), 68 Ohio St.3d 369, 371 , 627 N.E.2d 532 , citing Booth v. Booth (1989), 44 Ohio St.3d 142, 144 , 541 N.E.2d 1028 ; Kendall v. Kendall, 6th Dist. | 1 | 2011–2011 |
Dunbar v. Dunbar
green
2 sentences2011Dunbar v. Dunbar (1994), 68 Ohio St.3d 369, 371 , 627 N.E.2d 532 , citing Booth v. Booth (1989), 44 Ohio St.3d 142, 144 , 541 N.E.2d 1028 ; Kendall v. Kendall, 6th Dist. 2011Dunbar v. Dunbar (1994), 68 Ohio St.3d 369, 371 , 627 N.E.2d 532 , citing Booth v. Booth (1989), 44 Ohio St.3d 142, 144 , 541 N.E.2d 1028 ; Kendall v. Kendall, 6th Dist. | 1 | 2011–2011 |
Barone v. Barone, L-07-1336 (11-7-2008)
neutral
1 sentence2011If the court * * * makes such a determination, it shall enter in the journal the figure, determination, and findings.” (Emphasis added.) {¶ 21} We have construed this provision to mean that the trial court must “ ‘(1) set the child support amount based on the qualitative needs and standard of living of the children and parents; (2) ensure that the amount set is not less than the $150,000-equivalent, unless awarding the $150,000-equivalent would be inappropriate (i.e. would be too much); and (3) if it decides, the $150,000-equivalent is inappropriate or unjust (i.e. awards less), then journaliz | 1 | 2011–2011 |
Van Vorce v. Van Vorce, Unpublished Decision (10-25-2004)
neutral
1 sentence2011No. 2-04-11, 2004-Ohio-5646 , 2004 WL 2377839 , ¶ 15. {¶ 17} In his first assignment of error, Mierzwiak argues that it was reversible error for the trial court to use the extrapolation method to calculate his modified child-support obligation under R.C. 3119.04(B), “without considering the qualitative needs and standard of living of the child and parents.” Mierzwiak argues that his new child-support obligation is excessive, and that Siebert v. Tavarez, 8th Dist. | 1 | 2011–2011 |
Pruitt v. Pruitt, Unpublished Decision (8-25-2005)
green
1 sentence2007Hence, in Zeitler v. Zeiter , supra, the court of appeals stated that "* * * under R.C. 3119.04 (B) there is no basis for *Page 13 `deviation,' as the R.C 3119.04 (B) method prescribes that child support is to be set based on the qualitative needs and standard of living of the children and parents, not exacting calculations and deviations[.]" The court need only state its reasons for the determined amount if it awards support that is less than the amount listed in the child support guidelines worksheet for combined incomes of $150,000 Cyr , at ¶ 55 ; Pruitt v. Pruitt , Cuyahoga App. No. 84335, | 1 | 2007–2007 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.