A.S. v. J.W.
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In this case involving the manner in which earnings from commissions figure into the calculation of child support, the Supreme Court held that Ohio Rev. Code 3119.05(D) covers income earned from commissions and that the juvenile court and court of appeals erred by failing to apply its mandatory terms.
After a magistrate awarded child support to Mother, Father objected to the child-support determinations, asserting that the magistrate erred in including projected commissions when calculating his gross income. The juvenile court adopted the order of the magistrate. The court of appeals affirmed, concluding that commissions were not governed by section 3119.05(D), and therefore, the trial court did not err by including Father's projected commissions in its calculation of his gross annual income. The Supreme Court reversed, holding that commissions are included with the terms of section 3119.05(D) and must be calculated as provided in that section when determining a parent's annual gross income.
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