Lopez-Ruiz v. Botta

No. 11AP-577, 2012 WL 601209 (2012)

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Lopez-Ruiz v. Botta

Ohio Court of Appeals
No. 11AP-577, 2012 WL 601209 (2012)

Facts

Carolina Lopez-Ruiz (plaintiff) and Alejandro Botta (defendant) married in 1997; the couple’s child was born in December 2000. Lopez-Ruiz and Botta divorced in 2004, and the trial court in Pennsylvania ordered Botta to pay child support. Subsequently, Lopez-Ruiz moved to Columbus, Ohio, and Botta moved to Boston, Massachusetts. In December 2005, Lopez-Ruiz registered the Pennsylvania orders in Ohio, and Botta and Lopez-Ruiz agreed to the Franklin County Juvenile Court exercising jurisdiction. In November 2009, Lopez-Ruiz and Botta entered into a shared parenting plan in which Lopez-Ruiz became the child’s residential parent and Botta saw the child on the weekends and the summer holidays. The trial court also determined that Botta should pay a set amount of child support per month. After a successful appeal by Botta, the trial court did reconsider its initial child-support determination and ordered Botta to pay $633.56 per month when health insurance was in effect and to pay $651.53 when health insurance was not in effect. Botta appealed, arguing the trial court erred by not considering the cost-of-living differences between Columbus and Boston, the impact of Lopez-Ruiz’s remarriage, and the relative financial resources and needs of each parent.

Rule of Law

Issue

Holding and Reasoning (Bryant, J.)

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