111 Ohio App. 3d 413 - Leonard v. Erwin’s Empirical Analysis

Citation profile

13 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(A)(5) ‘Potential income’ means both of the following for a parent that the court, or a child support enforcement agency pursuant to sections 3111.21 and 3111.22 of the Revised Code, determines is voluntarily unemployed or voluntarily underemployed: “(a) Imputed income that the court or agency determines the parent would have earned if fully employed as determined from the parent’s employment potential and probable earnings based on the parent’s recent work history, the parent’s occupational qualifications, and the prevailing job opportunities and salary levels in the community in which the parent resides; “(b) Imputed income from any nonincome-producing assets of a . parent, as determined from the local passbook savings rate or another appropriate rate as determined by the court or agency, not to exceed the rate of interest specified in division (A) of section 1343.03 of the Revised Code, if the income is significant.””

   2 later decisions quote this exact passage
   e.g. 121 Ohio App. 3d 396 - Inscoe v. Inscoe · Williams v. Williams, Ca2006-09-103 (6-18-2007)

2. ““In spite of evidence regarding appellant’s and appellee’s income, the referee inexplicably decided to impute income to both parties in the amount of the minimum wage in order to complete the child support worksheet. We believe that this was error for two reasons. First, the lower court must find that a party is voluntarily unemployed or underemployed before it can impute any income to that party. See R.C. 3113.215(A)(5). No such finding was expressly made in this case, especially with regard to appellant. And, second, once a party is found to be voluntarily unemployed or underemployed, the potential income to be imputed to that party must be determined in accordance with the considerations listed in R.C. 3113.215(A)(5)(a). The lower court’s decision to use the minimum wage, as opposed to an amount calculated after considering the factors in R.C. 3113.215(A)(5)(a), was not supported by the record.” (Emphasis added.) Id., Ill Ohio App.3d at 417, 676 N.E.2d at 555 .”

   1 later decision quote this exact passage
   e.g. 121 Ohio App. 3d 396 - Inscoe v. Inscoe