2019 Ohio 3305
Ohio Ct. App.2019Background
- Amanda Taube (now Boyle) and Steven Boyle divorced in 2015; agreed shared parenting plan required Amanda to provide children’s health insurance and Steven to pay $1,380.80/month in child support.
- In December 2018 the Delaware County Child Support Enforcement Agency (DCCSEA) conducted an administrative review and recommended reducing Steven’s support to $723.40/month and allocating medical expenses 40% to Steven, 60% to Amanda.
- DCCSEA filed a Motion for Revised Child Support and Medical Support Orders on January 10, 2019 and the trial court adopted the Administrative Adjustment Recommendation on January 14, 2019.
- The court’s entry directed certified-mail service to Amanda at 560 Redwood Lane, but Amanda had not lived there since December 2017; the certified-mail receipt in the record showed a different Lewis Center address (Louden Drive).
- Amanda filed motions under Civ. R. 59 and 60(B) alleging she was not properly served and therefore was denied notice and the opportunity to request an administrative or court hearing on the revised support amount.
- The trial court dismissed Amanda’s Civ. R. 59 motion and declined to hear the Civ. R. 60(B) motion for procedural service reasons; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Amanda received proper notice of DCCSEA’s administrative review and revised support recommendation | Amanda argues she never received notice or the Administrative Adjustment Recommendation and thus was denied due process and the right to request hearings | DCCSEA/trial court treated service to the address on file as proper; appellee did not file a brief on appeal | Court reversed: record shows Amanda did not receive notice, so she was precluded from requesting an administrative or court hearing; trial court’s adoption of the recommendation was reversed and remanded |
Key Cases Cited
- Hayslip v. Hanshaw, 54 N.E.3d 1272 (Ohio Ct. App. 2016) (discusses agency and court roles in child-support modifications)
- Burton v. Harris, 987 N.E.2d 745 (Ohio Ct. App. 2013) (describes statutory/administrative scheme for agency review and adjustment of court child-support orders)
- Fed. Ins. Co. v. Fredericks, 29 N.E.3d 313 (Ohio Ct. App. 2015) (appellate consideration when appellee fails to file a brief)