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Wheeland v. Waddle
Citation: 5 Ohio App. Unrep. 232Docket: Case No. 1884
Court: Ohio Court of Appeals; July 25, 1990; Ohio; State Appellate Court
The trial court awarded Marvin Keith Waddle, the defendant-appellant, child support payments of $100 per month for his child, Marvin Keith Waddle, II, born on October 14, 1981. Waddle has been disabled and unemployed since May 1985 and has not made any child support payments since a paternity judgment established a support obligation of $35 per week when he became employed. Despite receiving $368 per month in disability payments, Waddle objected to the trial court's support order, which followed a domestic relations referee's recommendation of $125 per month. Waddle argued that both the referee and the trial court erred by not adhering to the applicable child support guidelines, which suggest a case-by-case determination for obligors with income less than $500 per month. The court should assess the obligor's income and living expenses to establish a reasonable support amount without denying them self-support. The guidelines indicate a combined gross income of $6,000 would suggest a minimum payment of $20 per month for one child. The court found that the referee's report lacked critical information regarding Whelland's income, Waddle's living expenses, and other factors necessary to justify the support amount. Therefore, it determined that the trial court abused its discretion by setting Waddle's child support payments at $100 without sufficient evidence or a proper report that adhered to Civil Rule 53's requirements. The appeal was sustained, leading to the reversal of the trial court's judgment, and the case was remanded for further proceedings consistent with the findings. A special mandate was ordered to enforce this judgment.