Bittner v. Bittner

[Cite as Bittner v. Bittner, 2025-Ohio-2333.] IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT Randall Bittner, : Plaintiff-Appellant, : No. 24AP-600 v. : (C.P.C. No. 12DR-743) Kriste Bittner, : (REGULAR CALENDAR) Defendant-Appellee. : D E C I S I O N Rendered on July 1, 2025 On brief: Jonhenry Law, LLC, and Carol M. Jonhenry, for appellant. Argued: Carol M. Jonhenry. APPEAL from the Franklin County Court of Common Pleas, Division of Domestic Relations BEATTY BLUNT, J. {¶ 1} Plaintiff-appellant, Randall Bittner, appeals the judgment of the Franklin County Court of Common Pleas, Division of Domestic Relations, overruling his objections to the March 4, 2024 magistrate’s decision that denied in part his June 15, 2021 motion to modify child support in this legal separation case. The defendant-appellee, Kriste Bittner has not filed a brief. {¶ 2} Randall and Kriste were married on February 15, 1992, and two children were born of the marriage: Alexis K. Bittner (d/o/b February 11, 1997) and Charles R. Bittner (d/o/b/ December 14, 2003)—Alexis is now 28 years old, and Charles is now 21 years old. The case for legal separation was filed in 2012, and the decree of separation was entered in 2013. {¶ 3} Although there is some indication in the record that Alexis suffered from emotional and mental challenges at the time of the separation and thereafter, the parties No. 24AP-600 2 did not address that issue in the separation agreement, and the parties have never divorced. But their separation decree provided, in relevant part: Pursuant to guideline child support calculations, Plaintiff shall pay child support to Defendant in the amount of $592.02, plus processing charge. . . . Said payments shall continue for the child until he reaches age eighteen (18), dies, marries or otherwise is emancipated, whichever event shall first occur. In the event that any child shall reach the age of eighteen (18) and not otherwise be emancipated and continue to attend an accredited high school on a full time basis then said child support payments shall continue for so long as full time high school attendance is sustained. (Sept. 26, 2013 Decree of Legal Separation at 3-4.) The decree did not specifically contemplate that child support might be awarded outside the periods described above, and the court did not specifically reserve further jurisdiction to modify the orders of child support.1 {¶ 4} On May 11, 2015, Kriste filed a motion to release the court’s jurisdiction over Alexis, “in order to permit the Franklin County Probate Court to determine whether a guardian should be appointed” for her. (Mot. of Def. for Release of Jurisdiction at 1.) The motion argued that “Alexis had reached the age of 18 but is under disabilities affecting her ability to live on her own and care for herself.” Id. at 2. On July 13, 2015, the trial court adopted and approved the magistrate’s decision denying the motion in part, which found that: The magistrate finds that this court no longer has jurisdiction over the custody of Alexis. Alexis turned 18 years of age on February 11, 2015 and is now emancipated. The parties' Decree of Legal Separation does provide for child support to continue to be paid for Alexis after she reaches age 18. It states, “In the event that any child shall reach the age of eighteen (18) and not otherwise be emancipated and continue to attend an accredited high school on a full time basis then said child support payments shall continue for so long as full time high school attendance is sustained.” While this court may continue to have jurisdiction over the support of Alexis Bittner, the court no longer has jurisdiction over the custody of Alexis. However, the court cannot grant Mother’s motion because the court has no 1 It is worth observing that the decree of separation also ordered Randall to pay spousal support to Kriste, and the decree did specifically state “The Court shall retai