Bostick v. Bostick
2015 Ohio 455
Ohio Ct. App.2015Background
- Parties divorced after ~21-year marriage; trial court awarded Marjorie spousal support of $3,000/month in the July 16, 2013 divorce decree.
- Charles failed to pay as ordered; Marjorie moved for contempt on October 30, 2013. Contempt hearing held Feb 26, 2014 (Charles absent but represented). Court found him in contempt and deferred sentence to March 26, 2014.
- At the March 26, 2014 hearing Charles (present) was sentenced to 30 days jail unless he purged contempt by paying arrears: $5,000 by April 20, $5,000 by May 20, then $3,000/month plus costs, with final purge deadline July 1, 2014.
- Charles paid only $1,000 toward the arrearage by July 1. At the July 1 purge hearing the trial court found he had not purged and ordered him to serve 30 days.
- Charles appealed the July 1 order (did not appeal the earlier contempt or sentencing orders); this appeal was stayed pending appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant could present evidence of inability to pay at purge hearing | Marjorie: purge hearing limited to compliance; defendant already had opportunity earlier | Charles: trial court erred by refusing evidence of inability to pay at purge hearing | Court: Purge hearing only tests compliance; inability-to-pay evidence must be raised at contempt hearing or on appeal of that order; barred here |
| Whether trial court abused discretion by imposing 30-day jail after failure to purge | Marjorie: jail was proper sanction for failure to meet purge conditions | Charles: jail improper because he was not allowed to show inability to purge | Court: No abuse; purge conditions not met and contempt sentencing was proper |
Key Cases Cited
- Liming v. Damos, 979 N.E.2d 297 (Ohio 2012) (no right to counsel at purge hearing; contempt and purge conditions must be litigated at contempt hearing)
- Docks Venture, L.L.C. v. Dashing Pacific Group, Ltd., 22 N.E.3d 1035 (Ohio 2014) (a contempt order imposing purge conditions is a final appealable order; post-judgment appeal may address whether purge conditions were met)