In re R.B.
2013 Ohio 2392
Ohio Ct. App.2013Background
- R.B. (child) was adjudicated dependent in the juvenile division on Nov. 8, 2007; proceedings arose from prior divorce and extensive custody litigation.
- Mother was ordered to reimburse Father for her share of uninsured medical expenses after a contempt finding on Oct. 13, 2009, totaling $7,115.84.
- BCCSEA recommended terminating Father’s child support on R.B.’s 19th birthday; the recommendation was adopted on Oct. 12, 2011, with notice and a potential 14-day window to object.
- On Oct. 27, 2011, Mother filed a broad “Various Forms of Relief” including a Civ.R. 60(B) motion to set aside the medical-expenses order and to extend child support; the motion was filed about two years after the contempt order.
- On July 12, 2012, Mother filed a second Civ.R. 60(B) motion (mistake) regarding child support; a hearing occurred with no additional documentary evidence; the magistrate denied relief and the court adopted the magistrate’s decision as final.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Civ.R. 60(B) relief for medical expenses was properly denied | Mother argues two-year delay was reasonable and deserves relief | Father argues delay and lack of extraordinary circumstances justify denial | No abuse; delays and grounds insufficient; relief denied |
| Whether Civ.R. 60(B) relief to continue R.B.’s child support was proper | Mother claims mistake/meritorious extension under Civ.R. 60(B)(1) | Father contends no meritorious claim and timely action lacking | Relief denied; proper application of GTE/Mis-take standards |
Key Cases Cited
- GTE Automatic Electric, Inc. v. ARC Indus., Inc., 47 Ohio St.2d 156 (Ohio 1976) (joint decision standards for Civ.R. 60(B))
- Joyce v. Gen. Motors Corp., 49 Ohio St.3d 93 (Ohio 1990) (timeliness requirement under Civ.R. 60(B))
- Colley v. Bazell, 64 Ohio St.2d 243 (Ohio 1980) (reasonableness of delay under Civ.R. 60(B))
- Robinson v. Miller Hamilton Venture, L.L.C., 2011-Ohio-3017 (Ohio 2011) (three-pronged test for Civ.R. 60(B) relief)
- Kutz v. Kutz, 2013-Ohio-532 (Ohio 2013) (abuse of discretion standard review for Civ.R. 60(B) motions)