State ex rel. Ontko v. Delamatre, Judge
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[Cite as State ex rel. Ontko v. Delamatre, Judge, 2003-Ohio-72.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT ERIE COUNTY State of Ohio, ex rel. Lawrence D. Ontko Court of Appeals No. E-02-036 Relator v. The Honorable Robert E. Delamatre, Judge of Erie County Court of Common Pleas, Domestic Relations Division Respondent DECISION AND JUDGMENT ENTRY Decided: January 8, 2003 * * * * * Ronald G. Kaufman, attorney for relator. Kevin J. Baxter, Erie County Prosecutor, and Terry R. Griffith, Assistant Prosecutor, for respondent. * * * * * SHERCK, J. {¶1} Relator, Lawrence D. Ontko, filed a complaint for writ of mandamus. Pursuant to our order, respondent, Judge Robert E. Delamatre, has answered. {¶2} For a writ of mandamus to be issued, the relator must demonstrate a clear legal right to the relief prayed for, that respondents are under a clear duty to perform the act, and that the relator has no plain and adequate remedy in the ordinary course of law. St.2d 41, 42. State ex rel. Harris v. Rhodes (1978), 54 Ohio {¶3} case We first note that this is the fourth time that this has been before this court on the same issue, the recalculation of child support pursuant to a shared parenting plan. Each expectation time that this the case trial was remanded, court would it hold was an with the evidentiary hearing and to make a deviation in child support which would consider the time spent with each parent under the shared parenting plan as well as the financial circumstances of the parties. {¶4} Our reading of the August 1, 2002 judgment entry, along with the affidavit of attorney Michael D. Kaufman, reveals that no evidentiary hearing was, in fact, held. Therefore, we conclude that relator is entitled to the relief prayed for and has no other adequate remedy at law. Relator's petition for writ of mandamus is well-taken and granted. This case is remanded to the trial court and respondent is ordered to hold an evidentiary hearing pursuant and to to the determine shared an appropriate parenting circumstances of the parties. amount arrangement of deviation and financial Costs assessed to respondent. WRIT GRANTED. HANDWORK, P.J., and PIETRYKOWSKI, J., concur.
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