[Cite as DiDonato v. DiDonato, 2019-Ohio-2994.]

COURT OF APPEALS 

TUSCARAWAS COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STEPHEN J. DIDONATO, et al. 

 Plaintiffs-Appellees 

-vsCHRISTINA HUTH DIDONATO 

 Defendant-Appellant 

JUDGES: 

Hon. John W. Wise, P. J. 

Hon. Craig R. Baldwin, J. 

Hon. Earle E. Wise, Jr., J. 

Case No. 2019 AP 01 0008 

O P I N I O N 

CHARACTER OF PROCEEDING: Civil Appeal from the Court of Common 

Pleas, Case No. 2013 TC 07 0288 

JUDGMENT: Reversed and Remanded 

DATE OF JUDGMENT ENTRY: July 25, 2019 

APPEARANCES: 

For Plaintiff-Appellee DiDonato For Defendant-Appellant 

ROBERT C. URBAN, JR. MICHELA HUTH 

JOHNSON, UNBAN & RANGE CO. LPA P. O. Box 17 

117 South Broadway Bolivar, Ohio 44612 

New Philadelphia, Ohio 44663 

For Intervenor-Appellee CSEA 

DEBORAH L. EASTERDAY 

TRACI A. BERRY 

TUSCARAWAS COUNTY CSEA 

154 2ND Street, NE 

New Philadelphia, Ohio 44663 
Tuscarawas County, Case No. 2019 AP 01 0008 2

Wise, John, P. J. 

{¶1} Appellant Christina Huth DiDonato appeals from the decision of the Court 

of Common Pleas, Tuscarawas County, adopting an administrative modification of child 

support rendered by Appellee Tuscarawas County Child Support Enforcement Agency. 

Appellee Stephen DiDonato, appellant’s former spouse, is the obligee for child support 

purposes. The relevant facts leading to this appeal are as follows. 

{¶2} Appellant Christina Huth DiDonato and Appellee Stephen DiDonato were 

married in September 2001 in Florida. They are the parents of two minor children: D.D., 

born in 2004, and P.D., in 2007. 

{¶3} On April 8, 2014, the parties were granted a divorce pursuant to an agreed 

entry in the Tuscarawas County Court of Common Pleas. Appellant Christina was 

designated the sole residential parent and legal custodian of the two children, subject to 

visitation and parenting rights of Appellee Stephen. 

{¶4} However, just one month later, on May 7, 2014, appellee filed a motion to 

modify parental rights and responsibilities, requesting that he be named the residential 

and legal custodian of D.D. and P.D. based upon a change in circumstances. 

{¶5} On July 22, 2015, following a lengthy period of court action, the trial court 

granted Appellee Stephen’s motion to modify and named appellee as residential parent 

and legal custodian of the children. The trial court further found appellee should make all 

educational and medical decisions for the children. In addition, appellant was ordered to 

pay child support of $298.96 per month, plus processing fees. 

{¶6} Appellant Christina appealed to this Court regarding the July 22, 2015 

decision to change residential parent status to appellee, as well as a clarification entry 
Tuscarawas County, Case No. 2019 AP 01 0008 3

issued by the trial court on September 2, 2015. However, on April 11, 2016, we affirmed 

the trial court's decisions. See DiDonato v. DiDonato, 5th Dist. Tuscarawas Nos. 2015 AP 

07 0042, 2015 AP 09 0051, 63 N.E.3d 660, 2016-Ohio-1511. 

{¶7} In the meantime, on March 12, 2015, appellee had filed a motion for 

contempt regarding inter alia the public exchange of the children and the doctor's 

appointments of the children. On September 2, 2015, the trial court adopted a May 28, 

2015 magistrate's decision (with some modification) finding appellant in contempt. 

Appellant was sentenced to sixty days in jail, suspended upon compliance with certain 

purge provisions. Appellant again appealed to this Court. On May 23, 2016, we affirmed 

the decision of the trial court regarding contempt. See DiDonato v. DiDonato, 5th Dist. 

Tuscarawas No. 2015 AP 09 0055, 66 N.E.3d 24, 2016-Ohio-3129.1 

{¶8} On August 17, 2018, appellant submitted a request for an administrative 

review of the child support order. In accordance with R.C. 3119.60, a “desk review” was 

scheduled for October 8, 2018. As a result of the desk review, an administrative 

adjustment recommendation was issued on October 10, 2018, leaving the order at 

$298.96 per month, finding that a 10% change had not resulted from the updated 

calculation. 

{¶9} Appellant objected to the “desk review” administrative adjustment 

recommendation. A hearing was duly scheduled before the administrative hearing officer 

for November 16, 2018. The hearing went forward, and the hearing officer issued his 

 

1 The parties’ discord also led to two additional appellate decisions from this Court: 

DiDonato v. DiDonato, 5th Dist. Tuscarawas No. 2015 AP 10 0058, 2016-Ohio-3164 (also 

decided May 23, 2016); DiDonato v. DiDonato, 5th Dist. Tuscarawas No. 2016AP040022, 

76 N.E.3d 619, 2016-Ohio-7770 (decided November 15, 2016). In the interest of judicial 

economy, we will not recite the histories of these two appellate cases. 
Tuscarawas County, Case No. 2019 AP 01 0008 4

report on November 29, 2018. Pursuant to R.C. 3119.63(F), the CSEA submitted to the 

trial court a revised amount of child support of $338.87 per month, plus processing fees. 

On December 20, 2018, the trial court issued a “Judgment Entry - Modification of Support” 

in conformity therewith. 

{¶10} On January 22, 2019, appellant filed a notice of appeal. She herein raises 

the following three Assignments of Error: 

{¶11} “I. THE TRIAL COURT’S DECEMBER 20, 2018 JUDGMENT IS NOT 

SUPPORTED BY THE ADMINISTRATIVE AGENCY’S RECORD BELOW, BECAUSE 

THE RECORD CONTAINS EVIDENCE THAT CHRISTINA DIDONATO WAS 

EMPLOYED IN 2018. 

{¶12} “II. THE TRIAL COURT’S DECEMBER 20, 2018 JUDGMENT, IS NOT 

SUPPORTED BY THE ADMINISTRATIVE AGENCY’S RECORD BELOW, BECAUSE 

STEPHEN DIDONATO FAILED TO ESTABLISH THAT THE CHILD CARE EXPENSES, 

HE CLAIMED, WERE WORK, JOB-TRAINING, OR EDUCATION RELATED, AND THAT 

THE EXPENSES WERE REASONABLE AND NECESSARY. 

{¶13} “III. STEPHEN J. DIDONATO FAILED TO REQUEST AN 

ADMINISTRATIVE ADJUSTMENT HEARING, AND THEREFORE WAIVED HIS 

RIGHTS TO OBJECT.” 

I. 

{¶14} In her First Assignment of Error, appellant contends the trial court’s decision 

modifying child support is not supported by the administrative record, particularly 

concerning the issue of her employment status during the year 2018. 
Tuscarawas County, Case No. 2019 AP 01 0008 5

{¶15} “A child support enforcement agency has the authority to investigate, obtain 

information, recalculate, and issue administrative orders modifying support, and the trial 

court retains jurisdiction to modify child support under statutes and the Rules of Civil 

Procedure.” Hayslip v. Hanshaw, 4th Dist. Highland No. 15CA20, 2016-Ohio-3339, 54 

N.E.3d 1272, ¶ 14, citing Sowald and Morganstern, Baldwin's Ohio Domestic Relations 

Law, Section 19:17 (4th Ed.2016). Generally, a trial court is in a much better position than 

an appellate court to evaluate the authenticity of evidence and assess the credibility and 

veracity of witnesses. America’s Floor Source, L.L.C. v. Joshua Homes, 10th Dist. 

Franklin No. 09AP-1193, 191 Ohio App.3d 493, 2010-Ohio-6296, 946 N.E.2d 799, ¶ 27. 

{¶16} The pertinent child support guideline worksheet provided in the record 

indicates that the administrative hearing officer imputed annual income to appellant of 

$17,264.00, representing $8.30 per hour, full time. Appellant presently appears to 

contend that her purported income as a substitute teacher should have been utilized 

instead. 

{¶17} We note that R.C. 3119.63(E), as written at the times pertinent to the case 

sub judice, stated as follows: 

 If the obligor or the obligee timely requests an administrative hearing 

on the revised child support amount, [the child support enforcement agency 

shall] schedule a hearing on the issue, give the obligor and obligee notice 

of the date, time, and location of the hearing, conduct the hearing in 

accordance with the rules adopted under section 3119.76 of the Revised 

Code, redetermine at the hearing a revised amount of child support to be 

paid under the court child support order, and give notice to the obligor and 
Tuscarawas County, Case No. 2019 AP 01 0008 6

obligee of the revised amount of child support, that they may request a court 

hearing on the revised amount, and that the agency will submit the revised 

amount of child support to the court for inclusion in a revised court child 

support order, if neither the obligor nor the obligee requests a court hearing 

on the revised amount of child support[.] 

{¶18} Furthermore, R.C. 3119.63(F) next clearly stated: “If neither the obligor nor 

the obligee requests, pursuant to division (E) of this section, a court hearing on the revised 

amount of child support, [the child support enforcement agency shall] submit the revised 

amount of child support to the court for inclusion in a revised court child support order.” 

{¶19} In its response in the within appeal, Appellee TCCSEA asserts that its 

record “is devoid of any written objection to the results of the administrative adjustment 

hearing from either party.” Brief of Appellee Tuscarawas County CSEA at 1. However, 

appellant disputes this, and with her reply brief has presently submitted a photocopy, 

dehors the appellate record, of what she asserts is a faxed objection to the November 29, 

2018 administrative hearing officer’s report sent to TCCSEA on December 19, 2018. 

{¶20} R.C. 3119.65 states that “[i]f neither the obligor nor the obligee requests a 

court hearing on a revised amount of child support to be paid under a court child support 

order in accordance with section 3119.63 of the Revised Code, the court shall issue a 

revised court child support order to require the obligor to pay the revised amount of child 

support calculated by the child support enforcement agency.” (Emphasis added). 

{¶21} We observe that the purported faxed objection by appellant’s counsel never 

appears to actually ask for a court hearing as per R.C. 3119.65. But we also observe that 

the “notice” section on the administrative hearing officer’s report states inter alia that 
Tuscarawas County, Case No. 2019 AP 01 0008 7

“[u]pon receipt of written objections, CSEA shall request the Court of Tuscarawas County, 

Ohio, to set the matter for hearing before the Magistrate to consider the Agency’s 

recommendations and the written objections.” The notice also sets forth a 15-day 

deadline to object, following a party’s receipt of the report. 

{¶22} We have frequently emphasized that as an appellate court, we are not the 

trier of fact. See, e.g., Tennant v. Martin–Auer, 188 Ohio App.3d 768, 2010-Ohio-3489, ¶ 

16, citing Cross Truck Equip. Co. v. Joseph A. Jeffries Co., 5th Dist. Stark No. CA–5758, 

1982 WL 2911. Thus, under the present circumstances, we find the trial court is the proper 

forum in which to determine whether or not appellant has credibly documented her 

purported objection to the hearing officer’s decision. 

{¶23} Appellant’s First Assignment of Error is sustained to the extent that a 

hearing will be ordered before the trial court judge or magistrate to determine if appellant 

has properly preserved an objection to the administrative child support adjustment under 

R.C. 3119.63. 

II., III. 

{¶24} Appellant’s Second and Third Assignments of Error are found to be 

premature based on our above determination. 

 
Tuscarawas County, Case No. 2019 AP 01 0008 8

{¶25} For the foregoing reasons, the judgment of the Court of Common Pleas, 

Tuscarawas County, Ohio, is hereby reversed and remanded. 

By: Wise, John, P. J. 

Baldwin, J., and 

Wise, Earle, J., concur. 

JWW/d 0712