Miami County, Ohio

DOMESTIC RELATIONS CASES

By Magistrate Scott R. Altenburger

In addition to criminal and civil cases the Miami County Court of Common Pleas, General Division handles domestic relations cases. The cases and motions in the Court often involve complicated legal issues. The laws and rules under which the Court must operate continually change. Generally, domestic relations cases include: divorces, dissolutions, legal separations, annulments, domestic violence petitions filed pursuant to R.C. 3113.31, enforcement of foreign support orders, establishments of certain foreign support cases and registration of certain non-Ohio divorce decrees. Additionally, the court continues to retain jurisdiction to enforce its own orders and to modify issues relating to the allocation of parental rights and responsibilities (custody), parenting time (visitation) and child support.

When handling a domestic relations case the judges and magistrates must apply the Ohio Rules of Evidence and Ohio Rules of Civil Procedure. A hearing or trial is more complicated than simply telling your story. If your case is not presented according to the rules and applicable legal standards, the judge or magistrate will not be able to fully hear your claim. The judges and magistrates are not ethically permitted to coach or assist you in presenting your case. They are also generally not allowed to discuss a case with the parties or their attorneys outside a scheduled hearing. We strongly recommend that you hire an attorney to protect your interests.

In the year 2001, the court heard 264 divorces, 286 dissolutions, 120 motions to modify the allocation of parental rights and responsibilities/parenting time, 279 child support contempt motions and 131 domestic violence cases.

TYPES OF DOMESTIC RELATIONS CASES THE COURT HANDLES

Divorce

A divorce is commenced when a complaint for divorce is filed with the Miami County Clerk of Courts along with the statistical filing form, filing fee, and instructions for service. If the parties entered into a separation agreement the parities should attach the separation agreement to the complaint for divorce and refer to the document in the complaint for divorce. [See R.C. 3105.01grounds for divorce and 3105.17 complaints for divorce]

Dissolution

The law allows husbands and wives to terminate their marriage by agreement without stating why they wish to end their marriage (grounds). Before a dissolution is granted the parties must enter into a written contract known as a separation agreement. The separation agreement must divide all of their property and debts, and address all the issues involving any minor children. [See R.C. 3105.61, 3105.62, 3105.63]

Legal Separation

A legal separation is similar to a divorce except the marriage is not terminated. [See R.C. 3105.17 complaint for legal separation]

Annulment

An annulment is where one of the parties is trying to prove that the marriage is void and should not be recognized as a marriage. To be entitled to an annulment the party will need to prove grounds which include: the party was underage, one of the parties was already married, mental incompetence, consent was obtained by force or the marriage was not consummated. [See 3105.31 grounds for annulment]

Domestic Violence

A domestic violence case is a proceeding seeking protection where a household member has either threatened or committed an act of violence against another household member. Ohio Revised Code Section 3113.31 provides protection from domestic violence, which is defined as the occurrence of one or more of the following acts against a family or household member:

(a) Attempting to cause or recklessly causing bodily injury;

(b) Placing another person by the threat of force in fear of imminent serious physical harm or committing a violation of section 2903.211 or 2911.211 of the Revised Code;

(c) Committing any act with respect to a child that would result in the child being an abused child, as defined in section 2151.031 of the Revised Code.

Family or household member means any of the following:

(a) Any of the following who is residing with or has resided with the respondent;

(i) A spouse, a person living as a spouse, or a former spouse of the respondent;

(ii) A parent or a child of the respondent, or another person related by consanguinity or affinity to the respondent;

(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the respondent, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the respondent.

(b) The natural parent of any child of whom the respondent is the other natural parent or is the putative other natural parent.

Allocation of Parental Rights & Responsibilities (Custody)

Allocations of parental rights and responsibilities formerly referred to as “custody” are made in all divorces, dissolutions and legal separation where there are minor children that are not the subject of another court’s orders. Allocations are made consistent with the requirements and guidelines set forth in R.C. 3109.04. Specifically, the court will consider what is in the best interest of the minor child(ren), including:

(a) The wishes of the child's parents regarding his care;

(b) If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child's wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;

(c) The child's interaction and interrelationship with his parents, siblings, and any other person who may significantly affect the child's best interest;

(d) The child's adjustment to his home, school, and community;

(e) The mental and physical health of all persons involved in the situation;

(f) The parent more likely to honor and facilitate visitation and companionship rights approved by the court;

(g) Whether either parent has failed to make all child support payments, including all arrearages, that are required of that parent pursuant to a child support order under which that parent is an obligor;

(h) Whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; whether either parent, in a case in which a child has been adjudicated an abused child or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of an adjudication; whether either parent previously has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding; whether either parent previously has been convicted of or pleaded guilty to any offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding and caused physical harm to the victim in the commission of the offense; and whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or a neglected child;

(i) Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent his or her right to visitation in accordance with an order of the court;

(j) Whether either parent has established a residence, or is planning to establish a residence, outside this state.”

After the divorce or dissolution is granted there may be a change of circumstances that warrants a modification in the allocation of the parental rights and responsibilities. Pursuant to R.C. 3109.04(E)(1)(a) as stated below, a change of allocation cannot occur unless the change is in the best interest of the child and one of the following applies:

(i) The residential parent agrees to the change in the residential parent or both parents under a shared parenting decree agree to a change in the designation of residential parent.

(ii) The child, with the consent of the residential parent or of both parents under a shared parenting decree, has been integrated into the family of the person seeking to become the residential parent.

(iii) The harm likely to be caused by a change of environment is outweighed by the advantages of the change of environment to the child.

Shared Parenting

The court may grant shared parenting in a case. The court will make a decision that the shared parenting plan submitted by one or both of the parties is in the best interest of the minor child(ren) prior to granting shared parenting. The shared parenting plan must include, but not limited to, provisions covering factors such as physical living arrangements, child support obligations, provisions for the child(ren)’s medical and dental care, school placement and the parent with which the child(ren) will be physically located for legal holidays, school holidays, and other days of special importance.

Child Support

Child support in Ohio is set by what is known as the "child support guidelines". Ohio's guidelines were effective October 1, 1987. The guidelines are based on both parents' incomes. The Child Support Reorganization Act of 2000, effective March 22, 2001, provides numerous changes to the guidelines. All child support must be paid through the Ohio Child Support Payment Central (O.C.S.P.C.). Direct payments not made through the O.C.S.P.C. may be deemed a "gift" and no credit will be given to the payor for these payments. In addition, the law requires that support must be paid by wage withholding or bank account withholding to assure regular payments.