In re Marriage of Beynenson
2013 Ohio 341
Ohio Ct. App.2013Background
- Beynenson divorce finalized in 2003; separation agreement required $1,744.46 spousal support and $281.24 monthly child support, which Beynenson failed to pay.
- In June 2010 Beynenson moved to determine spousal and child support arrearage; in response Beynenson’s spouse moved for contempt about nonpayment.
- Hearing occurred May 6, 2011 and resumed August 26, 2011; Beynenson’s counsel withdrew June–July 2011, leaving Beynenson unrepresented at the resumed hearing.
- Magistrate’s decision found Beynenson not credible, denied relief, held him in contempt, imposed a 30-day jail term with purge by paying arrears, and awarded Mrs. Beynenson attorney’s fees.
- Trial court adopted the magistrate’s decision; Beynenson appealed alleging interpreter inadequacy and denial of counsel; standard of review is abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Interpreter denial of due process | Beynenson asserts translator was inadequate/incorrect | Court properly qualified interpreter and no error | Issue is waived or unpersuasive; transcript supports adequate interpretation |
| Lack of counsel at resumed hearing | Lack of counsel violated due process | Counsel withdrawal timely and issue not preserved | Issue overruled; error not preserved under Civ.R. 53(D)(3) |
Key Cases Cited
- Brown v. Gabram, 11th Dist. No. 2004-G-2605, 2005-Ohio-6416 (Ohio 2005) (abuse of discretion standard; appeal from magistrate’s decision)
- State v. Rivera, 99 Ohio App.3d 325 (11th Dist. 1994) (interpreter issues must be objected to preserve error)
- Bodor v. Fontanella, 11th Dist. No. 2005-T-0091, 2006-Ohio-3883 (Ohio 2006) (transcript/affidavit requirement for objections to magistrate's findings)