King v. King
2013 Ohio 432
Ohio Ct. App.2013Background
- King (plaintiff) and Jennifer King (defendant) married in 1994, two children born of the marriage.
- A 2009 divorce decree adopted a separation agreement and ordered Philip to pay Jennifer $334/month in spousal support (plus 2% processing charge) for 84 months, terminating January 31, 2016.
- Jennifer repeatedly failed to comply with multiple court-ordered obligations from the divorce decree and separation agreement.
- After show-cause hearings, a magistrate recommended contempt and a 30-day jail sentence plus attorney-fee judgment for Jennifer; the trial court adopted this in January 2011.
- Jennifer’s purge conditions required payment and delivery of items, as well as listing and selling property; the purge was not satisfied.
- In November 2011 the trial court sentenced Jennifer to 30 days in jail and suspended Philip’s spousal support for 16 months, offsetting Jennifer’s obligation to pay his attorney fees by applying $334 per month toward the fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jennifer was properly found in contempt and jailed. | King contends Jennifer failed purge conditions and thus contempt was proper. | King argues partial compliance and impossibility of performance prevented contempt. | Contempt finding and 30-day jail sentence affirmed. |
| Whether the court’s action modified non-modifiable spousal support. | King argues setoff of spousal support against fees changed the amount. | King contends there was no modification, only a setoff. | Offset of spousal support for 16 months upheld; not a modification. |
| Whether the court improperly attached or diverted spousal support to pay attorney fees. | King claims improper attachment of earnings. | Court used setoff, not attachment, to satisfy judgments. | Setoff authorized; no improper attachment. |
Key Cases Cited
- Nolan v. Nolan, 2008-Ohio-1505 (11th Dist.) (abuse of discretion standard in contempt; burden-shifting in nonpayment cases)
- State ex rel. Celebrezze v. Gibbs, 60 Ohio St.3d 69 (1991) (contempt standards and deference to trial court)
- Bertolone v. Bertolone, 2001-Ohio-8733 (11th Dist.) (impossibility of performance as defense to contempt)
- Courtney v. Courtney, 1984-Ohio-App-3d 329 (1984) (defense to contempt based on inability to comply)
- Witham v. South Side Building & Loan Assn., 133 Ohio St. 560 (1939) (setoff and mutual obligations principle)
- Gibbons v. Southern Ohio Kitchens, 2004-Ohio-2907 (12th Dist.) (setoff of judgments as equitable relief)
- Dilley v. Dilley, 2011-Ohio-2093 (11th Dist.) (setoff of spouse's current support against arrearages permitted)
- Krause v. Krause, 2008-Ohio-2476 (4th Dist.) (setoff as discretionary court authority; mutual debts)