2012 Ohio 1333
Ohio Ct. App.2012Background
- Divorced in 1996; one child with brain injury requiring continued support after majority.
- 2008: trial court retroactively increased support to $3,955/month and added 20% arrearage shift; contempt for unreimbursed medicals.
- 2008 order stated arrearage “to be determined”; Baxter appealed but court affirmed on other issues.
- 2009: Collette moved to hold Baxter in contempt for nonpayment; court found contempt and imposed 30 days’ jail with purge conditions.
- Baxter challenged contempt for arrearage, contempt for attorney’s fees and expenses, and the award of fees without a hearing; court remanded for a fees hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Contempt for failure to pay child support arrearage | Baxter argues arrearage was undetermined when contempt entered | Collette contends contempt based on current arrearage increase, not preexisting amount | Contempt valid for failure to pay current support arrearage |
| Contempt for failing to pay attorney’s fees and litigation expenses | Trial court lacked authority since fees were reduced to judgment | Fees are enforceable as a personal obligation derived from post-decree motions | Contempt proper for nonpayment of awarded fees and expenses |
| Award of attorney’s fees without a hearing | Fees awarded without proper notice/hearing violated due process | Fees may be decided by affidavit under local rules; bifurcated hearing possible | Errors in awarding fees without a hearing; remand for a hearing on fees |
Key Cases Cited
- Cramer v. Petrie, 70 Ohio St.3d 131 (1994) (child support not a debt; may be enforced by contempt)
- Harris v. Harris, 58 Ohio St.2d 303 (1979) (property division and support not debts; contempt enforcement allowed)
- Holloway v. Holloway, 130 Ohio St.214 (1935) (support obligations enforceable; not ordinary debts)
- Young v. Young, 70 Ohio St.3d 679 (1994) (abolishes debt-bar to contempt for lump-sum child support)