Bruno v. Bruno

In Bruno v. Bruno, 10th Dist. No. 04AP-1381, 2005 Ohio 3812, the trial court determined that the appellant's income was $ 150,000, where evidence was presented that he would actually be earning only $ 60,000. The court of appeals reversed, finding that the trial court abused its discretion. In determining how the trial court arrived at the $ 150,000 figure, the Tenth District found that the trial court could not have imputed his income because it had made no determination that the appellant was voluntarily underemployed. Furthermore, the court of appeals found that if the trial court had based the $ 150,000 income on the amount he had earned in the twelve months prior to the hearing, this was also an abuse of discretion because the income he had received for the last six months was unsustainable income.