Tonti v. Tonti

In Tonti v. Tonti, Franklin App. No. 03AP-494, 2004 Ohio 2529, appellant's fifth assignment of error charged that the trial court erroneously imputed child care expenses to appellee. Specifically, appellant contended that the trial court: (1) had no authority to impute child care expenses to appellee; (2) improperly modified the child care provisions of the shared parenting plan; (3) abused its discretion in imputing child care expenses to appellee because she had no plans to return to the workforce. The Court found that the trial court did not exceed its authority or abuse its discretion in imputing child care costs to appellee, but did find such was an improper modification to the parties' shared parenting agreement because neither the court nor the magistrate made a finding that doing so was in the best interests of the children as required by R.C. 3109.04(E)(2)(b). Appellant's fifth assignment of error was, therefore, overruled in part and sustained in part, and the matter was remanded to the trial court to enter a finding regarding the best interests of the children.