COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 67641 : ACCELERATED DOCKET KATHY SPILAR : : : JOURNAL ENTRY Plaintiff-Appellant : : and -vs- : : OPINION BRANT FREDRICKSON : : : PER CURIAM Defendant-Appellee : : : DATE OF ANNOUNCEMENT OF DECISION: MARCH 30, 1995 CHARACTER OF PROCEEDING: Civil appeal from the Juvenile Court Division of the Common Pleas Court, Case No. 8971394 JUDGMENT: Reversed and Remanded. DATE OF JOURNALIZATION: __________________________ APPEARANCES: For Plaintiff-Appellant: For Defendant-Appellee: CARL C. MONASTRA, ESQ. JOSEPH R. COMPOLI, ESQ. Turbow, Monastra & Mandell 768 E. 185th Street 75 Public Square Cleveland, Ohio 44119 Suite 700 Cleveland, Ohio 44113-2001 - 2 - PER CURIAM: Appellant, Kathy Spillar brings this appeal challenging the juvenile court's failure to award her attorney fees in conjunction with its order finding appellee Brant Fredrickson in contempt of court. Appellant is the natural mother of a minor child, John J. Spilar, and appellee is the natural father. On September 13, 1990, the juvenile court ordered appellee to pay $372.00 per month as and for child support. Circumstances which gave rise to this matter arose in February, 1993 when appellee was terminated from his job at Argotech due to corporate downsizing. On April 5, 1993 appellee filed with juvenile court a motion to suspend payments until he secured new employment. On July 23, 1993 appellant filed a motion to show cause and a motion for attorney fees. Thereafter, on July 12, 1994, the juvenile court dismissed the motion to suspend, found appellee in contempt of court but imposed no sentence upon him, granted a reduction in the amount of child support from $372.00 per month to $150.00 per month, ordered costs and arrearage of $3,720.00 paid, and also ordered each party to pay their own attorney fees. Spillar now appeals raising one assignment of error. I. For her assignment of error, appellant contends that: THE TRIAL COURT ERRED TO THE PREJUDICE OF THE PLAINTIFF- APPELLANT IN FAILING TO AWARD REASONABLE ATTORNEY FEES - 3 - UPON A FINDING OF CONTEMPT PURSUANT TO OHIO REVISED CODE 3115.22(D). Appellant has considered the provisions of R.C. 3115.22(D) and argues that the trial court should have awarded legal fees because of the mandatory language of that statute. R.C. 3115.22(D) provides in relevant part that: [I]f any person required to pay child support under an order made under this section on or after April 15, 1985, *** is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt. (Emphasis added.) Our review of the record reveals that while the trial court found Brant Fredrickson in contempt of court, it imposed no sentence. The trial court obviously believed that since no contempt penalty had been imposed, it was not bound to assess any attorney fees of the prevailing party; however, a close reading of the statute reveals that the trial court is bound by the mandatory language of the statute to make the attorney fee assessment "in addition to any other penalty or remedy imposed." (Emphasis added). Here, while the wise juvenile judge in his discretion chose not to impose any penalty for contempt, he did impose a remedy, i.e., payment of the arrearage and an award of costs. Hence, since the language of R.C. 3115.22(D) is mandatory, we are bound to reverse that portion of the court's order which failed to award attorney fees. In so doing, however, we are mindful of the statute which leaves to the court's - 4 - discretion the amount of attorney fees to be imposed since the statute provides, "any reasonable attorney's fees *** as determined by the court ***." Thus, in making the award of attorney fees, the trial judge can exercise whatever discretion deemed appropriate in conformity with R.C. 3115.22(D). Appellant's assignment of error is sustained and this matter is therefore reversed and remanded for further proceedings consistent with this opinion. - 5 - This cause is reversed and remanded for further proceedings. It is, therefore, considered that said appellant recover of said appellee her costs herein. It is ordered that a special mandate be sent to said court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. JOHN T. PATTON, CHIEF JUSTICE JOSEPH J. NAHRA, JUDGE TERRENCE O'DONNELL, JUDGE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announcement of decision (see Rule 26). Ten (10) days from the date hereof this document will be stamped to indicate journalization, at which time it will become the judgment and order of the court and time period for review will begin to run. .