Tolbert v. Tolbert

Citation: 2022 Ohio 4482Docket: C-220220

Court: Ohio Court of Appeals; December 13, 2022; Ohio; State Appellate Court

Original Court Document: View Document

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In Tolbert v. Tolbert, 2022-Ohio-4482, the Court of Appeals of Ohio affirmed the trial court's decision that denied Ernestine Marie Tolbert's motion to extend child support obligations from her ex-husband, Sean V. Tolbert. The original divorce decree required Sean to pay child support for their two children until they turned 18 and graduated high school. Ernestine sought to extend support for their son, Corey, citing his mental disabilities resulting from traumatic brain injuries and other conditions, which she argued rendered him unable to support himself after graduation.

Ernestine detailed Corey's history of injuries, including a fall from a window and a golf club accident, leading to diagnoses of ADHD, Tourette’s syndrome, and PTSD. She described Corey's behavioral challenges, including violent outbursts and the need for constant supervision during school, where he operated under an Individualized Education Plan (IEP). Despite these challenges, Corey graduated high school and expressed a desire to attend college, showing average intellectual functioning according to his IEP. 

The court, after reviewing the evidence, found no abuse of discretion in the trial court's ruling, concluding that the existing support obligations were appropriate given Corey's capabilities and achievements.

Corey, an 18-year-old high school graduate, works part-time at Montgomery Inn earning $10 an hour. He relies on public transportation or biking to commute and expresses a desire for more work hours, but is limited by household chores and the need to seek college scholarships and loans. Corey has a temporary driver’s license and a bank account, with his mother managing his bills. He is interested in learning financial management and cooking skills but acknowledges emotional challenges, including difficulty calming down and focusing when upset. He feels unprepared to live independently yet aspires to do so in the future. Although he sometimes forgets his medication, he believes a structured schedule could help him remember.

Following a hearing on Ernestine's motion regarding Corey's self-sufficiency, a domestic-relations magistrate concluded that Corey is capable of supporting himself, leading to the denial of the motion. Ernestine objected, arguing that Corey is not self-sufficient, but the trial court upheld the magistrate’s decision, citing the lack of medical evidence and noting that the issue was not raised during the original divorce proceedings. The court acknowledged that while the father has a moral duty to assist Corey financially, the legal criteria for a "Castle child" were not met, hence no financial support could be mandated. Ernestine is appealing this decision, claiming the trial court erred in its conclusion regarding Corey’s self-sufficiency. The standard of review for the appeal is an abuse of discretion, defined as a decision that is unreasonable or arbitrary.

In Ohio, a parent's duty to support a child typically concludes when the child reaches the age of majority, unless specified otherwise by law. The Supreme Court of Ohio in Castle v. Castle established that this duty can extend for children with mental or physical disabilities if they are unable to support themselves. This was codified in R.C. 3119.86, which outlines specific conditions under which support may continue beyond age eighteen, particularly for disabled children. 

In the case at hand, the court reviewed evidence regarding Corey, who has experienced two traumatic brain injuries and has several behavioral and medical issues. Ernestine argued that these conditions rendered Corey incapable of self-sufficiency. However, the trial court found that Corey was indeed capable of supporting himself, citing evidence of his average IQ, ability to maintain employment, and his voluntary decision to work limited hours due to other responsibilities. Although Corey did not currently manage his finances independently, he expressed a desire to learn and was not found to be incapable of doing so based on the evidence presented. 

The magistrate's and trial court's conclusions were deemed reasonable, and the court affirmed the decision to deny Ernestine's motion for extended child support. The trial court's judgment was upheld, with judges Zayas and Bergeron concurring.