IN THE SUPREME COURT OF OHIO SARAH S. llINAN, Plaintiff, V. ADAM DINAN, Defendant-Appellee ^ ^ ^ ^ ^...

IN THE SUPREME COURT OF OHIO

SARAH S. llINAN,

Plaintiff,

V.

ADAM DINAN,

Defendant-Appellee

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X

X

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Case No.

On Appeal from the WarrenCounty Court of Appeals,Twelfth Appellate District

Court of Appeals Case No.CA2013-09-082

MEMORANDUM IN SUPPORT OF JURISDICTION OF APPELLANT,WARREN COUNTY CHILD SUPPORT ENFORCEMENT AGENCY

DAVID P. FORNSHELL, #0071582Warren County Prosecuting AttorneyMICHELLE L. BELKNAP, #0091090Assistant Prosecuting AttorneyWarren County Prosecutor's Office500 Justice DriveLebanon, Ohio 45036(513) 695-2442Facsimile: (513) 695-2969

Counsel for Appellant

SARAH S. DINAN2 Wester Hook Rd.Great Barrington, MA 01230(614) 670-9051

Plaintiff

JOSEPH R. MATEJKOVIC, #00560978050 Beckett Center Dr.Suite 214West Chester, OH 45069(513) 759-9800Facsimile: (513) 759-9810

Counsel for Appellee

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TABLE OF CONTENTS

EXPLANATION OF WHY LEAVE TO APPEAL SHOULD BE GRANTED............1

STATEMENT OF THE CASE AND FACTS ........................................e............3

ARGUMENT OF SUPPORT OF PROPOSITION OF LAW ....... .... ...... .. ..............8

PROPOSITION OF LAW I: Did the Warren County Court of Appeals,Twelfth Appellate District, err as a matter of law when the Court usedthe abuse of discretion standard of review instead of de novo review whenanswering a question of statutory interpretation regarding subject matterjurisdiction? ................. ................................................................................................8

Cases

Bryant v. Civil Serv. Conam'n,12th Dist. No. CA2008-10-243, 2009-Ohio-3676, P7 citing,

Black's Law Dictionary (7th Ed.2001) 94 ..............In re A. G.H., 12`h Dist. Warren

NO. . . .. .. . . .. .. . .. . . .. . .. . .. .. . ... ... ... ... . ... ..8CA2011-09-095, 2012-Ohio-998, ¶ 14, citing Blakemore v.Blakemore, 5 Ohio St.3d 217, 219 (1983)....,,.,,.,,

Miller v. Miller, Dist. . . . . . . . . . . . . . . .. . . . . . . . . . . .....8, Butler No. CA2001-06-138, 2002-Ohio-3870, ¶ 8.... ..

Hulatu v. Girsha,12th Dist. Clermont No. CA2011-07-051, 2011-Ohio-6226, ¶ 26, citing I nr°eK.R.J.,

12t1' Dist. Clermont No. CA2010-01-012, 2010-Ohio-3953, ¶ 16 ......................Smoke v. Sicher, 11 t^' Dist. Geauga Nos. 2006-G-2720 and 2006-G-2731, 92007-Ohio-5617, ¶ 21 . . . .. . . .. ... ... .. . ... ... .. .........................................................9

PROPOSITION OF LAW II: Did the Warren County Court of Appeals,Twelfth Appellate District, err as a matter of law when it held that a court'sauthority to exercise jurisdiction over a child support order is purelydiscretionary and another state would be more suited to hear the case?......... 9

CasesDouglas v. Brittlebank-Douglas,

98 Haw. 168, 45 P.3d 368, 374 (Haw. Ct. App.2002) .............................Fishei° v.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Hasenjager,116 Ohio St. 3d 53,2007-Ohio-5589,876 N.E.2d 546,2007 Ohio LEXIS

2586(Ohio2007) citing State ex rel. Watkins v. Eighth Dist. Court of Appeals (1998), 82 OhioSt.3d 532, 535, 1998 Ohio 190, 696 N.E.2d 1079 ............. .Jurado v. Brashear, 782 So. 2d 575 (La. Mar. 19, 2001).. .. ...9.....................................11Siddell v. Siddell,

18 A.3d 499, 511; 2011 R.I. LEXIS 49 (R.I. 2011) .......................10Zaabel v. Konetski,

209 111. 2d 127, 807 N.E,2d 372, 376, 282 111. Dec. 748 (Ill. 2004)„10

Statutes

Ohio Revised Code section 3115.07(A) . . . . . . . . . . . . . . . . . . . . . . . ............................9, 10

CONCLUSION . .. .. . . . . . . . . . . . . . ......................................................................12

CERTIFICATE OF SERVICE . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . ....13

APPENDIX

1. Twelfth Appellate District of Ohio Judgment Entry (September 8, 2014)2. Twelfth Appellate District of Ohio Opinion (September 8, 2014)3. Decree of Divorce Final Appealable Order (July 8, 2006)4. Motion for Contempt (May 29, 2007)5. Magistrate's Decisioii (August 10, 2012)

6. Defendant's Renewed Motion to Set Aside Decree (October 16, 2007)7. Magistrate's Decision (March 13, 2008)8. Jail Commitment (March 18, 2008)9. Entry (March 19, 2008)

10. Entry Approving Administrative Hearing Decision (July 24, 2012)11. Administrative Hearing Decision Regarding Modification (June 19, 2012)12. Defendant's Motion for Contempt (June 14, 2012)13. Motion for Contempt and Order to Appear (October 4, 2012)14. Iilterim Magistrate's Decision (June 28, 2013)

15. Defendant's Objection to Interim Magistrate's Decision (July 11, 2013)

16. Entry Sustaining in part and Overruling in part Objections to the Magistrate's Decision(September 3, 2013)

EXPLANATION OF WHY LEAVE TO APPEAL SHOULD BE GRANTED

In taking this case, the Ohio Supreme Court will be faced with reviewing and interpreting

the Uniform Interstate Family Support Act (UIFSA), specifically R.C. 3115.07(A), as it pertains

to enforcing a child support order when all parties have moved out of state. This is a case of first

impression that has great public interest because the interpretation of this statute will set the

jurisdictional standard for enforcing child support orders when parties move out of state. Other

states have reviewed and interpreted this matter in a way that allows for child support orders to

be enforced in a state where neither party resides. Even though this case deals with parties that

reside outside the state of Ohio, Ohio would be greatly impacted by this decision because it

would give clear direction on the enforcement and collection of child support orders that are

issued by the state of Ohio. By reviewing this case, the Supreme Court of Ohio would be able to

reconcile the statute with precedent set by other states.

The Twelfth District Court of Appeals (hereinafter Appellate Court) held it is

discretionary for a court to decide to exercise its jurisdiction and authority to enforce the child

support order and that decision will not be reversed absent an abuse of discretion. Specifically,

the Appellate Court found that the Warren County Domestic Relations Court (hereinafter Trial

Court) did not abuse its discretion when it declined to retain jurisdiction over any matter in the

instant case. In coming to that conclusion, the Appellate Court improperly applied the abuse of

discretion standard of review instead of de novo review. Therefore, even though the conclusion

of law that the Trial Court had jurisdiction in this case was correct, by using the wrong standard

of review the Court ultimately reached at the wrong result.

The most crucial error made by the Appellate Court was that it reviewed the Trial

Court's decision using the incorrect standard of review. Since the issue before the court was one

of statutory interpretation, the court should have used a de novo standard of review. Smoke v.

1

Sicher, 11th Dist. Geauga Nos. 2006-G-2720 and 2006-G-2731, 2007-Ohio-5617, fi 21. Not only

was the issue one of statutory interpretation, but it was also one regarding the existence of

subject matter jurisdiction, -vvhich is reviewed under a de novo standard. Mulatu v. Girsha, 12Ih

Dist. Clermont No. CA2011-07-051, 2011-Ohio-6226, ¶ 26, citing In re KR.J., 12t' Dist.

Clerrnont No. CA2010-01-012, 2010-Ohio-3953, ¶ 16. Under de novo review, an appellate court

should give no deference to the trial court's rulings. Bryant v, Civil Serv. Comm'n, 12th Dist. No.

CA2008-10-243, 2009-Ohio-3676, P7 citing, Black's Law Dictionary (7th Ed.2001) 94.

Not only did the Appellate Court use the wrong standard of review, but it also added the

word "permissive" into a statute that clearly gave the Trial Court subject matter jurisdiction to

hear the case. The Trial Court was and is the only court that has the proper subject matter

jurisdiction over the matter at hand. It is clear from the Appellate Court's decision that the Trial

Court had subject matter jurisdiction to hear the case, however, the Appellate Court then added

"permissive" into the reading of the statute, which allows the Trial Court an opportunity to

decline jurisdiction and ultimately decline enforcement of this child support order. The Trial

Court was the only court with subject matter jurisdiction of this case and continues to be the only

court with jurisdiction over the enforcement of the child support order.

Ohio Revised Code section 3115.07(A) clearly vests subject matter jurisdiction in the

Trial Court to hear this case. The statute does not provide an opportunity for the court to sua

sponte refuse to enforce the child support if neither party lives in the state. Under the statute, the

correct way to have the case moved to another jurisdiction is for both parties to file a written

consent with the court and to have another jurisdiction then accept such a case. Neither

requirement was met in this case. The Trial Court sua sponte decided it was going to decline

jurisdiction over the case without the consent of the parties, and the case had not been modified

2

by another state. Both the Trial Court and the Appellate Court suggest that this case should have

been heard in another state because it is more convenient to do so. The Trial Court and the

Appellate Court failed to distinguish the proper forum for a UCCJEA action complared to a child

support action. Nothing in the entire chapter 3115 of the Ohio Revised Code, known as UIFSA,

allows for a case not to be heard on the basis of forum nonconveniens. The Court of Appeals

found that the Trial Court did not abuse its discretion when it declined to retain jurisdiction over

this matter, but it is clear that the Trial Court misapplied the law as they were the only court that

had jurisdiction to hear the case under Ohio Revised Code section 3115.07(A). A misapplication

of the law should be construed an abuse of discretion, and even if it is not, the Appellate Court

should have given no deference to the Trial Court's decision as it should have been reviewed de

novo.

Thus, in using the wrong standard of review, and by adding words to the statute that are

not clearly there, the Court of Appeals and the Trial Court have taken away any ability to enforce

the child support order, effectively depriving the children of a right to be supported by their

parents. A court should not be allowed to shrink away from the duties to enforce a child support

order when the parties no longer live in the state when there is clear statutory authority on the

issue. Additionally, there is no inconvenient forum or method of transferring a case under the

statute, and the Trial Court is the only court that has subject matter jurisdiction over the issue.

For those reasons the State respectfully requests that this Honorable Court grant leave to appeal

the Twelfth District Court of Appeals decision in case CA2013-09-082.

STATEMENT OF THE CASE AND FACTS

On July 28, 2006, a final decree of divorce was issued for Adam Dinan, hereinafter

referred to as "Father/Appellee" and Sarah Dinan, liereinafter referred to as "Mother", both of

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whom lived in the state of Ohio. Decree of Divorce (July 28, 2006), T.d. 34. Two children were

born issue of their marriage for whom Appellee was ordered to pay child support in the amount

of $2,500.00 per month, plus a 2% processing charge, for a total monthly obligation of $2,550.00

effective February 15, 2006. Id. at 5. This obligation was to be enforced by the Warren County

Child Support Enforcement Agency, hereinafter referred to as "CSEA". Id. Per their divorce

decree, the child support obligation was to be reviewed after six (6) months and conditioned that

if Appellee earned $90,000.00 within those six (6) months, the child support obligation would

increase to $3,000.00 per month, plus a 2% processing fee for a total monthly obligation of

$3,060.00. Id. This, in fact, did occur, and Appellee's obligation increased from $2,550.00 to

$3,060.00 on June 1, 2006. Decree o}'Divorce (July 28, 2006), T.d. 34

Mother filed a Motion for Contempt on May 29, 2007 against Appellee for his failure to

(1) pay Mother the sum of $2,200 in accordance with the parties' Agreed Entry filed December

18, 2006; and (2) his failure to timely and fully pay his child support obligation. Mo. for

Contempt (May 29, 2007), T.d. 58. The Magistrate found Appellee in contempt and ordered him

to appear for a final sentence and purge hearing on January 4, 2008 at which time he must (1)

timely and fully pay his child support obligation; (2) pay mother the sum of $2,200.00; (3)

contribute the sum of $3,500 toward his child support arrearages; (4) and pay $500 towards

Mother's attorney fees. Mag. 's Dec. (Oct. 19, 2007), T.d. 89. Shortly after, Mother and the

children moved to the state of Massachusetts in August of 2007. Mag. 's Dec. (Aug. 10, 2012),

T.d. 143.

On October 16, 2007, Appellee filed a Motion to Set Aside the Divorce Decree or in the

alternative Motion to Modify Child Support, alleging that his income information used in the

divorce decree was overstated. Def. Mo. to Set Aside Divorce Decree (Oct. 16, 2007), T.d. 88.

4

On March 13, 2008, the Magistrate dismissed the Motion to Set Aside, but modified Father's

child support obligation to $731.40 per month, plus a 2°/® processing fee for a total monthly

obligation of $746.03 effective October 16, 2007.1L1ag. 's Dec. (Mar. 13, 2008), T.d. 114, p.5.

Shortly thereafter, the Court held Appellee's final sentence and purge hearing on March 18,

2008, at which time Appellee had failed to purge himself of contempt. Jail Commitment (Mar.

18, 2008), T.d. 115. As a result, Appellee was sentenced to fifteen (15) days in the Warren

County Jail and was afforded work release. Id. Subsequently, Appellee paid $6,200.00 and the

Court suspended the fifteen (15) day jail sentence. Entry (Mar. 19, 2008), T.d. 117.

In February 2011, Mother and children moved once again, this time to the State of New

York. Mag. Decision (Aug. 10, 2012), T.d. 143, p. 2. They continue to reside in New York

today. ld. On November 21, 2011, the State of New York issued a Civil Protection Order

suspending Appellee's parenting time. Alag. 's Dec. (August 10, 2012). In the interim, the child

support order was modified on a second occasion upon the request of Mother. Req, for Admin.

Review of Child Support Order (Mar. 3, 2012). At that time, Appellee had reported his address

as 2149 Maplewood Drive, Columbus, Ohio 43229. Request f'or Address and/or Name Change

(April 20, 2012). The Court approved the Administrative Modification Recommendation in an

Entry filed July 24, 2012 and ordered Appellee to pay child support at a rate of $1,171.60, plus

an arrearage of $234.32, plus a processing charge of $28.12, for a total monthly obligation of

$1,434.04. Entry Approving Admin. Hearing Dec. (July 24, 2012), T.d. 140. This order remains

today. Id.

Then, on June 6, 2012, Mother filed a Uniform Child Custody Jurisdiction and

Enforcement Act (UCCJEA) petition in Family Court of the State of New York, Dutchess

County to modify the parties' parenting and visitation schedule. Petition to Nlodify Visitation

5

(June 6, 2012). Shortly thereafter, Appellee filed a Motion for Contempt on June 14, 2012 in

this Court alleging that Mother had failed to abide by the parties' parenting schedule. Def. 's 110.

,for Contempt (June 14, 2012), T.d. 133. In response to Appellee's contempt motion, Dutchess

County, New York postponed their proceedings regarding the UCCJEA petition until a

determination could be made as to which court, Ohio or New York, has jurisdiction over the

custody and visitation issues. Mag's. Dec. (Aug. 10, 2012), T.d. 143, p.1. The Warren County

Domestic Relations Court, by Magistrate's Decision, declined to exercise jurisdiction over

Appellee's contempt motion reasoning that Dutchess County, New York was a more convenient

forum for parenting time and custody issues, pursuant to a determination made using the factors

cited in R.C. 3127.21, the Uniforrn Child Custody Jurisdiction and Enforcement Act (UCCJEA).

Id. at p. 3. At that time, Appellee's pleadings indicated that he lived in Newport Kentucky. Id. at

p. 2. The Court reasoned that because none of the parties reside in the State of Ohio, the most

suitable forum to decide custody and visitation issues would be the home state of the children,

New York. Id. at 3.

On October 4, 2012, the Warren County CSEA filed a Motion for Contempt against

Father for his failure to pay current child support and child support arrearages as ordered by the

Court. Mo. for Contempt (Oct. 4, 2012), T.d. 146. Service of this Motion was perfected on Father

at the Columbus, Ohio address. Notice of Return Service (Oct. 9, 2012). Father moved to

dismiss the contempt action for the reason that jurisdiction has been transferred to Dutchess

County, New York by this Court in the August 10, 2012 custody decision. Interim Mccg. Dec.

(June 28, 2013), T.d. 153. The Magistrate overruled Father's motion finding that the child

support portion of this case was not transferred and should be enforced by this Court until

appropriate action is taken in accordance with the Uniform Interstate Family Support Act

6

(UIFSA). Icl at p.2. Father then objected to the Interim Magistrate's Decision on two grounds

(1) Father claimed that the entire case had been transferred to the state of New York, and (2)

Father claimed that he was unable to provide a defense because the Magistrate would not accept

his claim for travel expenses. Def. Obj. to Mag. 's Dec. (July 11, 2013), T.d. 154. In ruling on the

Objection, the Court read the Magistrate's Decision filed August 10, 2012 as transferring this

entire matter to the State of New York and sustained Father's first Objection, however, the Court

overruled the second Objection stating that it was moot. Entry Sustaining in Part and Overruling

in Part (Sept. 3, 2013), T.d. 161.

On September 19, 2014 the CSEA filed a Notice of Appeal in the Twelfth District Court

of Appeals, appealing the September 3, 2013 Entry of the Court.lVotice ofApp. (Sept. 19, 2013).

The CSEA filed their brief on October 31, 2013 citing "the trial court erred as matter of law

when it ruled that Ohio lacked continuing jurisdiction to enforce this child support order," as the

only assignment of error. The sole assignment of error had two sub-issues: (1) The Magistrate

did not "transfer" child support issues when declining to exercise jurisdiction over custody and

visitation on August 10, 2012; and, (2) The Magistrate properly found Appellee in contempt for

failure to pay the support order in the Interim Magistrate's Decision filed June 28, 2013 because

Ohio has continuing jurisdiction to enforce the child support order as a matter of law.

The Twelfth District Court of Appeals affirmed the Trial Court's decision finding that the

Trial Court's decision to decline jurisdiction did not constitute an abuse of discretion. The

Appellate Court correctly concluded that the Trial Court erroneously concluded that it lacked

jurisdiction to enforce the child support order; however, the Appellate Court went beyond that

conclusion by adding additional words to the statute that are not there and by applying the

7

wrong standard of review. It is from this decision that the Warren County CSEA respectfully

requests this Honorable Court to grant leave for appeal.

ARGUMENT IN SUPPORT OF PROPOSITION OF LAW

PROPOSITION OF LAW I: Did the Warren County Court of Appeals,Twelfth Appellate District, err as a matter of law when the Court used theabuse of discretion standard of review instead of de novo review whenanswering a question of statutory interpretation regarding subject matterjurisdiction?

There are a few different standards of review that a court of appeals may use when

deciding the merits of a case. Two important, yet distinctive, types of review are abuse of

discretion and de novo review. If the appellate court does not employ the right standard of review

the resulting decision may not be correct because an inappropriate deference may be given to the

trial court.

It is true that most domestic relations cases are reviewed by an appellate court under the

abuse of discretion standard of review. In re A. G.M, 12t°' Dist. Warren NO. CA2011-09-095,

2012-Ohio-998, ¶ 14, citing Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). Abuse of

discretion implies that the trial court acted unreasonably, arbitrarily, or unconscionably. Miller

v. Miller, 12th Dist. Butler No. CA2001-06-138, 2002-Ohio-3870, ¶ 8. Absent an unreasonable,

arbitrary, or unconscionable decision the appellate court will uphold the trial court's decision.

Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). Though abuse of discretion is the usual

standard of review for domestic relations cases, this case involves issues of subject matter

jurisdiction and questions of statutory interpretation, which are to be reviewed by the de novo

standard.

De novo review requires a court to review a case without deference to the trial court's

opinion. Bryant v. Civil Serv. Comm'n, 12th Dist. No. CA2008-10-243, 2009-Ohio-3676, P7

citing, Black's Law Dictionary (7th Ed.2001) 94. Determinations of law, such as the existence of

8

subject matter jurisdiction, is reviewed by a de novo standard. Mulatu v. Girsha, 12th Dist.

Clermont No. CA2011-07-051, 2011-Ohio-6226, ¶ 26, citing In re K.R.J., 12th Dist. Clermont

No. CA2010-01-012, 2010-Ohio-3953, ¶ 16. Questions of statutory interpretation are also

subject to de novo review. Smoke v. Sicher, 11th Dist. Geauga Nos. 2006-G-2720 and 2006-G-

2731, 2007-Ohio-5617, ¶ 21.

In the instant case the Appellate Court stated the standard of review as de novo, however,

in the analysis of the case gave deference to the Trial Court and ultimately found that the Trial

Court did not abuse its discretion. Because of this crucial error this Honorable Court should grant

leave to appeal the appellate decision and apply the proper staiidard of review to the issues

presented in this case.

PROPOSITION OF LAW II: Did the Warren County Court of Appeals, TwelfthAppellate District, err as a matter of law when it held that a court's authority toexercise jurisdiction over a child support order is purely discretionary andanother state would be more suited to hear the case?

The Uniform Interstate Family Support Act (UIFSA) is codified in the Ohio Revised

Code as chapter 3115. UIFSA has been adopted by all fifty states and the District of Columbia,

in effect it has created a uniform law across the United States. Ohio has yet to interpret O.R.C.

3115.07(A). Other states have interpreted this specific provision, and have found that the

statutory language makes it clear that while a state may lose continuing jurisdiction to modify an

order, the state may still enforce the child support order. Ohio should follow suit to the other

jurisdictions so that this uniform law reads the same in all states and jurisdictions.

In construing a statute, a court's paramount concern is the legislative intent. In

determining legislative intent, the court first reviews the applicable statutory language and the

purpose to be accomplished. In addition, statutes pertaining to the same general subject matter

must be construed in pari materia. Fisher v. Hasenjager,116 Ohio St. 3d 53,2007-Ohio-5589,876

9

N.E.2d 546,2007 Ohio LEXIS 2586(Ohio2007) citing State ex rel. Watkins v. Eighth Dist. Court

ofAppeals ( 1998), 82 Ohio St.3d 532, 535, 1998 Ohio 190, 696 N.E.2d 1079.

O.R.C 3115.07(A) provides "A tribunal of this state has continuing, exclusive jurisdiction

over a child support order it issues as long as the obligor, individual obligee, or child subject to

the child support order is a resident of this state, UNLESS all of the parties who are individuals of

have filed written consents with the tribunal of this state for a tribunal of anotlier state to

MODIFY the order and ASSUME CONTINUING, EXCLUSIVE JURISDICTION." (emphasis

added). This statute has been interpreted time and time again by other jurisdictions and the

majority has come up with the same conclusion --while a state may lose continuing jurisdiction

to modify a child support order when no party lives in the state, the state does not lose

jurisdiction to enforce the child support order.

Assuming that all parties had become residents of other states, Ohio would have

continuing jurisdiction to enforce the support order as the issuing tribunal where no other

tribunal has modified the Ohio child support order. Pursuant to UIFSA, continuing jurisdiction

for enforcement is distinguishable from continuing, exclusive jurisdiction. Siddell v. Siddell, 18

A.3d 499, 511; 2011 R.I. LEXIS 49 (R.I. 2011). Continuing, exclusive jurisdiction is only

required to modify a support order, whereas continuing jurisdiction is available to an issuing state

to enforce an order without consequence that another court may have continuing, exclusive

jurisdiction. Zaabel v. Konetski, 209 111. 2d 127, 807 N.E.2d 372, 376, 282 Ill. Dec. 748 (Ill.

2004). In other words, a Court's continuing jurisdiction need not be exclusive in order to enforce

a child support order pursuant to UIFSA.

Model UIFSA Comment to Article 2, §206 explains that a keystone to UIFSA is that the

power to enforce the order of the issuing tribunal is not `exclusive' with that tribunal. Rather, on

10

request, one or more responding tribunals may also exercise authority to enforce the order of the

issuing tribunal. Secondly, under the one-order-at-a-time system, the validity and enforceability

of the controlling order continues unabated until it is fully complied with, unless it is replaced by

a modified order i ssued in accordance with the standards established by UIFSA. That is, even if

the parties and the child no longer reside in the issuing state, the controlling order remains in

effect and may be enforced by the issuing tribunal or any responding tribunal without regard to

the fact that the potential for its modification and replacement exists. Model UIFS4 Comment to

Ai°ticle 2, §206.

"In other words, although the loss of `continuing, exclusive jurisdiction ... means the

issuing tribunal loses its authority to modify its order,' it does not mean that the issuing tribunal

loses its authority to enforce the order." Douglas v. Brittlebank-Douglas, 98 Haw. 168, 45 P.3d

368, 374 (Haw. Ct. App. 2002). "Under the Uniform Interstate Family Support Act, there is no

limbo situation when both parents and the child move out of the issuing state. The court of the

issuing state retains jurisdiction to enforce its order, but not to modify the order." Jurado v.

Brashear, 782 So. 2d 575 (La. Mar. 19, 2001).

In this case, Ohio is the issuing tribunal for the support order in question and no other

state has adopted, registered, or modified the order. Further, at this time, Ohio does not wish to

modify the support order, but instead, the State merely wishes to enforce the order. Ohio is the

issuing state and has the only support order in existence. It maintains its jurisdiction over that

support order until all parties leave the State of Ohio and another state properly modifies the

Ohio order. Therefore, this Honorable court should grant leave to appeal and overrule the

Appellate Court's decision that a trial court's decision to decline jurisdiction is discretionary.

Il

CONCLUSION

The Twelfth District Court of Appeals erred by applying the wrong standard of review to

the Warren County Domestic Relations decision regarding subject matter jurisdiction and

interpreting a statute. The Appellate Court should have used de novo review, and as such would

have found that the law is clear that the Trial Court has subject matter jurisdiction to hear the

case. Without giving deference to the Trial Court the Appellate Court would have reversed the

Trial Court's decision as it is clear from the statute that the Trial Court is the only court with

jurisdiction. Subject matter jurisdiction was clearly vested in the Trial Court by statute, and the

Trial Court continues to be the only appropriate court to have subject matter jurisdiction over the

enforcement of the child support order. Further, the Appellate Court added the word

"permissive" to Ohio Revised Code section 3115.07(A), which allows for the Trial Court to

decline jurisdiction when it is the only court with proper jurisdiction to hear the case. For these

reasons, the Warren County CSEA respectfully requests this Honorable Court to accept

jurisdiction over this matter and grant discretionary appeal.

Respectfully submitted,

Michelle L. Belknap, #0091090Assistant Prosecuting AttorneyWarren County Prosecutor's Office500 Justice DriveLebanon, OH 45036(513) 695-2442(513) 695-2969 (fax)

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CERTIFICATE OF SERVICE

I, hereby certify that a copy of the foregoing was mailed by ordinary U.S. mail toAppellee's counsel, Joseph R. Matejkovic, 8050 Beckett Center Dr., Suite 214, West Chester,OH 45069 and Mother, Sarah S. Dinan, 2 Wester Hook Rd, Great Barrington, Massachusetts01230 on this ' day of October, 2014.

Michelle L. Belknap, #0091090Assistant Prosecuting Attorney

13

SEP

IN THE COURT OF APPEALS ^^^^^ ^^^^^^^^^WARREN COUf\lT1'

TWELFTH APPELLATE DISTRICT OF OHIO F ^ L E ^

- 0,WARREN COUNTY

spa^}^, CieLEBANON O1-^110

SARAH S. DINAN,

Plaintiff,

- vs -

ADAM A. DINAN,

Defendant-Appellee.

CASE NO. CA2013-09-082

JUDGMENT ENTRY

The assignment of error properly before this court having been ruled upon, it isthe order of this court that the judgment or final order appealed from be, and thesame hereby is, affirmed.

It is further ordered that a mandate be sent to the Warren County Court ofCommon Pleas, Domestic Relations Division, for execution upon this judgment andthat a certified copy of this Judgment Entry shall constitute the mandate pursuant toApp.R. 27.

Costs to be taxed in compliance with App.R. 24.

^._ ^.. .. ^^'

Robert A. Hendrickson, Presiding Judge_,..

P'; Jr^ / f f

St p n. W. Poewell J e

Mike Powell, Judge

^E P 2 0

IN THE COURT OF APPEALS COURT OF AppE^^SIAlARREN CpuNn.

TWELFTH APPELLATE DISTRICT OF OHIO F i^^^

SEP - ®RWARREN COUNTY

9^^,^, ClerkLEBANO^.^ OHIO

SARAH S. DINAN,

Plaintiff,

- vs -

CASE NO. CA2013-09-082

®PINION9/8/2014

ADAM A. DINAN,

Defendant-Appellee.

APPEAL FROM WARREN COUNTY COURT OF COMMON PLEASDOMESTIC RELATIONS DIVISION

Case No. 05DR29815

Sarah S. Dinan, 860 Huntington Drive, Fishkill, New York 12524, plaintiff, pro se

David P. Fornshell, Warren County Prosecuting Attorney, Sarah C. McMahon, 500 JusticeDrive, Lebanon, Ohio 45036, for appellant, Warren County CSEA

Joseph R. Matejkovic, 8050 Becket Center Drive, West Chester, Ohio 45069-5018, fordefendant-appellee

S. POWELL, J.

{¶ 1.} Appellant, the Warren County Child Support Enforcement Agency (WCCSEA),

appeals from the decision of the Warren County Court of Common Pleas, Domestic

Relations Division (Warren County Domestic Relations Court), dismissing its motion for

contempt filed against defendant-appellee, Adam Dinan, for his alleged failure to pay current

Warren CA2013-09-082

child support and child support arrearages following his divorce from plaintiff, Sarah Dinan.

For the reasons outlined below, we affirm.'

{¶ 2} This matter has a lengthy procedural history. As relevant here, Sarah and

Adam were married on February 19, 2001. Their relationship produced two children. On

December 2, 2005, Sarah filed a complaint for divorce. The Warren County Domestic

Relations Court subsequently issued a final divorce decree on July 28, 2006. As part of this

final divorce decree, Sarah was granted custody of their two children and Adam was granted

parenting time. The final divorce decree also ordered Adam to pay child support in the

amount of $2,500 per month, plus a two-percent processing fee, for a total monthly obligation

of $2,550. According to WCCSEA, this amount later increased to a total monthly obligation

of $3,060. At the time of their divorce, it is undisputed Sarah and Adam both lived in Ohio.

{¶ 3} In September 2007, approximately one year after the Warren County Domestic

Relations Court issued its final divorce decree, Sarah and the children moved to

Massachusetts. A few months later, on March 13, 2008, the Warren County Domestic

Relations Court issued a decision decreasing Adam's total monthly child support obligation to

$746.03. Thereafter, in February 2011, Sarah and the children moved again, this time to

Fishkill, Dutchess County, New York. The Family Court for Dutchess County, New York

(Dutchess County Family Court) then granted a civil protection order to Sarah and the

children against Adam on November 21, 2011, thereby effectively suspending Adam's

parenting time.

{¶ 4} Several months after the civil protection order was issued, the Warren County

Domestic Relations Court released a decision on June 27, 2012 increasing Adam's total

monthly child support obligation to $1,434.04. In the interim, however, Sarah had filed a

1: Pursuant to Loc.R. 6(A), we sua sponte remove this case from the accelerated calendar.

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petition under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) with

the Dutchess County Family Court requesting a modification of the parties' parenting and

visitation schedule. In response, Adam filed a motion for contempt with the Warren County

Domestic Relations Court against Sarah alleging numerous instances when she allegedly

refused him his parenting time between November 2007 and April 2012. It is undisputed that

Adam's motion for contempt did not make any reference to child support or his child support

obligations. It is also undisputed that Adam's motion for contempt listed his current address

as Newport, Kentucky.

{¶ 5} On July 23, 2012, Magistrate Yvonne A. Iversen with the Warren County

Domestic Relations Court held a hearing on Adam's motion for contempt. Following this

hearing, Magistrate Iversen issued a decision that specifically requested the parties to:

brief the issue of whether this Court should exercise jurisdictionover the parties' children when they have not resided in Ohio foryears and the State of New York issued a Civil Protection Orderprotecting the children from [Adam] in November 21, 2011.

Both parties filed their respective briefs as instructed on August 6, 2012. Again, neither party

made any reference to child support or Adam's child support obligations.

{¶ 6} On August 10, 2012, Magistrate Iversen issued her decision, which stated, in

pertinent part, the following:

Currently [Sarah] resides in Fishkill, New York. [Adam's]pleadings indicate that [he] resides in Newport, Kentucky.Neither party is currently a resident of the State of Ohio.Pursuant to the Court file, [Sarah] and the children have notresided in Ohio since 2007.

Pursuant to Ohio Revised Code Section 3127.21 this Magistratefinds that Ohio is an inconvenient forum and this Magistrate findsthat this Court shall decline to exercise its jurisdiction. ThisMagistrate finds that the State of New York is a more convenientforum.

***

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Therefore, New York has more current information and is morefamiliar with the recent facts of this case.

Based upon all the evidence before the Court, this Magistratefinds that the State of Ohio and Warren County shall decline toexercise jurisdiction over the above captioned matter. The Stateof New York is ready willing and able to exercise such jurisdictionand this Magistrate finds that it is better able to do so.

After no objections to Magistrate Iversen's decision were filed, the Warren County Domestic

Relations Court adopted the decision in its entirety on August 30, 2012. No appeal was

taken from this decision.

{¶ 7} Approximately one month later, on October 4, 2012, WCCSEA filed a motion

for contempt against Adam in the Warren County Domestic Relations Court for his alleged

failure to pay current child support and child support arrearages. Adam, however, moved to

dismiss the motion claiming jurisdiction over the entire case had been transferred to New

York, thereby rendering all actions in Ohio moot. After a number of continuances, a different

magistrate, Magistrate Jeffrey T. Kirby, held a hearing on WCCSEA's motion for contempt on

June 24, 2013. Thereafter, on June 28, 2013, Magistrate Kirby issued his decision overruling

Adam's motion to dismiss. In so holding, Magistrate Kirby stated:

[W]hen Magistrate Iversen transferred jurisdiction she did sopursuant to R.C. 3127.21, which is part of the Uniform ChildCustody Jurisdiction and Enforcement Act, meaning it was atransfer of the custody and visitation portion of this case.

Adam filed objections to Magistrate Kirby's decision with the Warren County Domestic

Relations Court on July 11, 2013.

{^ 8j On September 3, 2013, the Warren County Domestic Relations Court issued its

decision sustaining in part Adam's objections to Magistrate Kirby's decision. Specifically, the

Warren County Domestic Relations Court stated:

[Adam] first objects to the Magistrate's finding of contempt,because [he] argues that this Court lacks jurisdiction over thismatter. [Adam] argues that the Magistrate's decision filed August

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10, 2012 transferred the entire case to the State of New York.Additionally, [Adam] argues that because he resides in Kentuckyand [Sarah] and the children reside in New York, this Court doesnot have jurisdiction over child support under R.C. § 3115.07(A).The Court reads the Magistrate's Decision filed August 10, 2012as transferring this entire matter to the State of New York, notjust custody and visitation. However, if any question remainsregarding jurisdiction, the Court hereby transfers child supportjurisdiction to New York, as neither of the parties nor the childrenreside in Ohio at this time. From this point forward, this Courtdeclines to retain jurisdiction over any matter related to this case.[Adam's] first objection is Sustained.

{¶ 9} WCCSEA now appeals from the decision of the Warren County Domestic

Relations Court declining to retain jurisdiction, raising one assignment of error for review.

{¶ 10} THE TRIAL COURT ERRED AS A MATTER OF LAW WHEN IT RULED THAT

OHIO LACKED CONTINUING JURISDICTION TO ENFORCE THIS CHILD SUPPORT

ORDER.

{¶ il} In its single assignment of error, WCCSEA argues the Warren County

Domestic Relations Court erred by dismissing its motion for contempt against Adam upon

finding it lacked continuing jurisdiction to enforce its child support order. We construe this as

a question regarding subject matter jurisdiction of the Warren County Domestic Relations

Court to rule on issues regarding child support and the interpretation and application of Ohio

law.

{¶ 12} Generally, a trial court's decisions regarding domestic relations issues are

reviewed by an appellate court under the abuse of discretion standard. In re A.G.lvl,, 12th

Dist. Warren No. CA2011-09-095, 2012-Ohio-998, ¶ 14, citing Blakemore v. Blakemore, 5

Ohio St.3d 217, 219 (1983). However, "an appellate court reviews de novo the decision of

the trial court regarding the existence of subject matter jurisdiction, because such a

determination is a matter of law." Mulatu v. Girsha, 12th Dist. Clermont No. CA2011-07-051,

2011-Ohio-6226, ¶ 26, citing In re K.R.J., 12th Dist. Clermont No. CA2010-01-012, 2010-

-5-

Ohio-3953, ¶ 16.

1tVarren CA2013-09-082

f¶ 13} Moreover, since this matter also presents a question of the interpretation and

application of Ohio statutory law, it is likewise subject to de novo review. Smoske v. Sicher,

11th Dist. Geauga Nos. 2006-G-2720 and 2006-G-2731, 2007-Qhio-5617, ¶ 21. In

conducting a de novo review, this court independently reviews the record without giving

deference to the trial court's decision. Wilson v. AC & S, Inc., 169 Ohio App.3d 720, 2006-

Ohio-6704, ¶ 61 (12th Dist.) (stating questions of law are reviewed "de novo, independently,

and without deference to the trial court's decision")

{¶ 14} As noted above, the Warren County Domestic Relations Court construed

Magistrate Iversen's decision as transferring "this entire matter to the State of NewYork, not

just custody and visitation." However, Magistrate Iversen's decision to decline jurisdiction

was based on the provisions of the UCCJEA as found in R.C. 3127.21(A). As that statute

specifically states:

A court of this state that has jurisdiction under this chapter tomake a child custody determination may decline to exercise itsjurisdiction at any time if it determines that it is an inconvenientforum under the circumstances and that a court of another stateis a more convenient forum. The issue of inconvenient forummay be raised upon motion of a party, the court's own motion, orat the request of another court.

{¶ 15} As defined by R.C. 3127.01(B)(3), a "child custody determination" does not

include "an order or the portion of an order relating to child support or other monetary

obligations of an individual." Therefore, as the name implies, the provisions found in

UCCJEA only apply to judgments, decrees, or other orders that provide for legal custody,

physical custody, parenting time, or visitation with respect to a child, not to child support.

{¶ 16} In addition, as R.C. 3127.21(D) provides:

A court of this state may decline to exercise its jurisdiction underthis chapter if a child custody determination is incidental to anaction for divorce or another proceeding while still retaining

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jurisdiction over the divorce or other proceeding.

Accordingly, we find Magistrate Iversen's decision to decline jurisdiction under R.C.

3127.21(A) was in relation to those matters relating to child custody and parenting time only.

The decision of the Warren County Domestic Relations Court holding otherwise is hereby

reversed.

{¶ 17} Our inquiry, however, does not end there for the Warren County Domestic

Relations Court also found "if any question remains regarding jurisdiction, the Court hereby

transfers child support jurisdiction to New York, as neither of the parties nor the children

reside in Ohio at this time." In so holding, the court relied on R.C. 3115.07(A), the Uniform

Interstate Family Support Act (UIFSA), which states:

A tribunal of this state has continuing, exclusive jurisdiction overa child support order it issues as long as the obligor, individualobligee, or child subject to the child support order is a resident ofthis state, unless all of the parties who are individuals have filedwritten consents with the tribunal of this state for a tribunal ofanother state to modify the order and assume continuing,exclusive jurisdiction.

This provision, however, deals with the modification of a child support order, not the

enforcement of such an order. Moreover, after a thorough review of the statutory language,

nothing within the provisions of the UIFSA as codified by R.C. Chapter 3115 provides a

mechanism to transfer jurisdiction over a child support order to a court in another state.

{¶ 18} Nevertheless, in reviewing case law regarding this issue from around the

country, "virtually all of the states that have ruled on this issue have held that when the

individual parties and child(ren) no longer reside in the issuing state," in this case Ohio, "that

state nonetheless retains the authority to enforce its order." Sidell v. Side/1,18 A.3d 499, 511

(R.1.2011); see, e.g., Johnson v. Bradshaw, 86 A.3d 760, 764-765 (N.J.Super.2014) (finding

New Jersey retained power to enforce its child support order even though parties resided

elsewhere as the New Jersey order was the only order setting defendant's child support

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obligation); Lattimore v. Lattimore, 991 So.2d 239, 244 (Ala.App.2008) (holding "a state

retains jurisdiction to enforce a child-support order issued by a tribunal of that state even

after the obligor, the obligee, and the concerned child have all moved out of state"); Douglas

v. Brittlebank-Douglas, 45 P.3d 368, 374 (Haw.App.2002) (finding state retained jurisdiction

to enforce a child support order "as long as the order has not been modified by a tribunal of

another state").

{¶ 19} Furthermore, as explained in a National Conference of Commissioners on

Uniform State Laws Model UIFSA Comment to Art. 2, § 206:

A keystone of UIFSA is that the power to enforce the order of theissuing tribunal is not "exclusive" with that tribunal. Rather, onrequest one or more responding tribunals may also exerciseauthority to enforce the order of the issuing tribunal. Secondly,under the one-order-at-a-time system, the validity andenforceability of the controlling order continues unabated until itis fully complied with, unless it is replaced by a modified orderissued in accordance with the standards established by [UIFSA].That is, even if the individual parties and the child no longerreside in the issuing state, the controlling order remains in effectand may be enforced by the issuing tribunal or any respondingtribunal without regard to the fact that the potential for itsmodification and replacement exists.

(Emphasis added.)

IT 20} In light of the foregoing, we find the Warren County Domestic Relations Court

erred by concluding it lacked the authority to enforce the child support order at issue here.

However, simply because the Warren County Domestic Relations Court could enforce the

child support order does not necessarily mean it was required to do so. Rather, our research

indicates that a trial court's jurisdiction to enforce a child support order under these

circumstances is permissive, not mandatory. See Sidell, 18 A.3d at 511 (finding "the

authority to enforce a child-support order is permissive" where the issuing court retains

jurisdiction to enforce the order after parties moved out of state); see also Lunceford v.

Lunceford, 204 S.W.3d 699, 707 (Miss.App.2006) (stating "until another state modifies a

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Missouri child support order pursuant to UIFSA, a Missouri court may enforce a Missouri

child support order even if the obligor, obligee, and child all reside outside this state"). In

turn, whether a court decides to exercise its jurisdiction and authority to enforce the child

support order is purely discretionary and will not be reversed absent an abuse of discretion.

An abuse of discretion constitutes more than an error of law or judgment; it requires a finding

that the trial court acted unreasonably, arbitrarily, or unconscionably. Miller v. Miller, 12th

Dist. Butler No. CA2001-06-138, 2002-Ohio-3870, ¶ 8.

{¶ 21} As noted above, the Warren County Domestic Relations Court determined that

even if it had some authority to act, which we find that it did, it nevertheless "declines to

retain jurisdiction over any matter related to this case." We find no abuse of discretion in the

trial court's decision.

{¶ 22} As the record reveals, Sarah and the children have resided outside Ohio for

nearly seven years. Adam now also resides outside Ohio. Furthermore, it is undisputed that

the Dutchess County Family Court has properly retained jurisdiction over matters relating to

the parties' minor children. In turn, although the order has yet to be registered in New York,

we see no reason why the Dutchess County Family Court could not also resolve any issues

relating to Adam's child support obligations. See New York Family Court Act § 580-601 ("[a]

support order or an income-withholding order issued by a tribunal of another state may be

registered in this state for enforcement").

{¶ 23} Moreover, based on their respective filings, neither Sarah nor Adam appear to

have any objection to the Dutchess County Family Court exercising jurisdiction in regards to

child support issues, as New York is now better suited to address the best interest of the

children. Again, this is not a request for a child support modification, but merely a request for

the enforcement of the child support order. Therefore, although we find the trial court

erroneously concluded that it lacked jurisdiction to enforce the child support order, we

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nevertheless affirm the Warren County Domestic Relations Court's decision to decline

jurisdiction as that decision does not constitute an abuse of discretion.

{I 24} Judgment afFirrned.

HENDRICKSON, P.J., and M. POWELL, J., concur.

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IN 'I'HE C® T OF CO ON PLEAS 4 i-Y 8 (F

D S1ON OF DOMESTIC RELATIONS6'^'^ . 1® COUNTY, OHIO ^°^ gm^^âl^,^.....

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ANDREA N. HIOKS

ATTORNEY AT LAW

224 READiNG R.A.

MASON, OHIO 45040

5 1 3-459-040 2

FAX 5 ( 3-398-892 7

SARAH DWr^'^ ^^^^^^p:^d^^6610 Harvest Court L - ^^^Mason, Ohio 45040 Case No. 05DR29815SSN: 289-82-3893DCiB. 08/20/75

Plaintiff,

-vs-

ADAM IâINAN661013arvest CourtMason, Ohio 45040SSN: 278-82-4869DOB: 09/19/73

Defendant.

/^6

Judge Timothy A. Oliver

-b ^ll

DFCREE OFDiVO1tCEFINAL APPEALABLE C3 EIt

This matter came to be heard by Judge Timothy A. Oliver on June 13, 2006. Ptaintiff,

Sarah Dinan, herein.after referred to as "Wife," was present with her counsel, Andrea N. Hicks,

and Defendant, Adam Dinan, hereinafter referred to as "Husband" was present with his counsel,

Robert Fischer.

After presenting evidence of an agreement to the court, which is outlined below, the

Court finds that the parties are husband and wife, having been married in Las Vegas, Nevada

on February 19, 2001. Two children have been bom issue of this marriage: Alexander S. Dina.n.

DOB: 01/08/99, SSN: 274-04-9274, and Luke J. Dinan DOB: 01/09/03, SSN: 275-08-3026, and

Wife is not currently pregnant.

Upon hearing grounds for the divorce, the Court hereby grants a divorce to Sarah Dinan

and Adam Dinan based upon incompatibility of the parties. The Court further Orders the parties'

final agreement as stated below:

I^î ? a^^ ry

! N il^ II 1 ^ Iî^ ^ Â. W C!iJ 3 Ei - G 5 D R 29 8 1 5

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SP®ITSAIL SUPPORT

Terms of Spousal Support

48500851

No spousal support shall be paid by either Husband or Wife and the Court

expressly does not reserve jurisdiction as to either parties' obligations to pay spousal support.

2. No court shall have any right to rnodify the amounts andlor terms of the spousal

support, agreed to in this Article lieaded "Spousal Support".

MEDICAL COSTS

Husband and Wife Health Insurance

1. Each party acknowledges and assumes sole responsibility for providing medical

insurance coverage for himself or herself after the filing of the Final Decree of Divorce. Neither

party shall have any responsibility for the other's medical coverage or medical costs, including

co-pays, subsequent to a decree of divorce or dissolution, including application for individual

coverage or application for C.O.E.R.A. coverage. Hereinafter, the parties shall be individually

responsible for any medical, dental, counseling, substance abuse counseling, either inpatient or

outpatient or other health care related expenses not covered by insurance.

ASSET ALLOCATION

Real Estate

1. Husband shall retain the marital residence located at 6610 Harvest Cotart. Wife

shall move from the marital residence one week following the end of the school year. Husband

shall retain all, equity in the marital residence. Wife shall execute a Quit Claim Deed for her

interest in the marital residence upon moving from the marital residence. While Wife is residing

in the marital residence, Husband shall be responsible for mortgage, taxes and insurance. Upon,

Wife moving from the marital residence, Husband shall be responsible for mortgage, taxes,

insurance, and utilities. Wife shall be removed frm the note and mortgage of the marital

residence before executing a Quit Claim Deed. Removal from note/mortgage shall occur within.

ninety days of final hearing.

Husband shall pay the sum of $2,500.00 to Wife for unreimbursed moving expenses by

June 1, 2006.ANDHE.A N. HZCKS

ATTORNEY AT LAW

224 READING ROAO

MASON, OHIO 45040

5 f 3-459-0492

FAX 513-398-8927 Page 2 of 8

^^^00852

Husband shall claign. 100% of all itemized deduction for the marital residence for the

year 2005 and for all subsequent years.

Vehicles

I. Husband shall have and retain, as his sole and exclusive property, the BMW,

currently titled in his name. Husband shall be solely and exclusively responsible for, indemnify

and hold Wife harmless from any obligation due and owing as a result of his ownership of said

automobiles, including insurance and license for said automobiles.

2. Wife shall have and retain, as her sole and exclusive property, the 2002 Tahoe,

currently titled in Husband's name. Husband shall transfer title to Wife at the final hearing.

Wife shall be solely and exclusively responsible for, indemnify and hold Husband harmless from

any obligation due and owing as a result of her ownership of said automobile, including

insurance and license for said automobile.

Business

I. Husband shall pay the sum of $ 10,000 to Wife for her interest in the business

within twenty-four (24) months from the date of the final decree. Wife shall then waive any

future rights to business.

Funds on Deposit

1. Husband and Wife have rnutually divided all joint bank accounts. Parties shall retain

any monies and bank accounts which are currently in their own name without the interference

of the other party.

2. Both parties shall contribute $50.00 per child/per month to the minor children's

529 plans for a total contribution of $100.00 per child/per month.

Life Insurance

1. Both parties shall retain life insurance policies for the benefit of the children until

the age of 18 or 21 if in college. 'The parties shall designate the children as beneficiaries until

emancipated.

Retirement Accounts

ANDxEA N. I-izcgs

ATTORNEY AT LAW

224 READING' R.A.

MASON, OHIO 45040

5 1 3-459-0492

FAX S 1 3-398-8927

I. Parties shall retain as his/her sole exclusive property, a11 ownership interest that

he/she has in his/her retirement accounts.

Page 3 of 8

Personal Goods ^85'00S53l. All of the fiarniture, household goods, kitchen utensils, appliances and other

equipment, goods and chattel property of any kind or nature whatsoever used in the operation

and maintenance of the parties shall be divided pursuant to attached list. After distribution,

each party shall keep all household goods, personal effects and appliances in their individual

possession free and clear of any claim of the other party upon division and exchange of theitems.

2.

home during Father's parenting time.

to pay, assume, or be responsible for under this agreement.

LIABIC..ffY ALLOCATION

Individual Debts

i. Neither party shall at any time hereafter incur or contract any debt, obligation,

charge, claim or liability whatsoever for which the other party or the other party's property or

estate will be liable. No joint credit accounts in the names of both parties shall hereafter be

used, and the parties hereby consent to the closing of all such joint credit accounts.

2. Each party shall hold free and harmless and shall indemnify the other party from

any expense, loss, claim or liability whatever arising from, or in any way connected with, each

and every note, mortgage, debt, obligation, charge, claim, and liability which such party agrees

Joint and Individual Debts

ANDI3EA N. HICKS

ATTORNEY AT LAW

224 REAOING ROAD

.1ASON, ON10 45040

S 1 3-459-0492

FAX S 13-398-8927

1

2

Husband shall retain control of his gun collection. There are to be no guns in the

Parities shall retain their own personal credit card debt.

Husbands hall be responsible for the repair and recovery costs of Wife's Iaptop by

March 1, 2006. The repairs are to be made by someone of Wife's choice with Husband's

approval.

Page 4 of 8

^^ ^^^^5 4

ALLOCATION OF PARENTAI. RIGHTS AND RE SPONSIBIL^TIES, CHILDSUPPORT, TAX EXEAIPTY®NSa

Effective February 15, 2006, Mother shall be designated residential parent and legal

custodian of the parties' two minor children. The parties have agreed to the following parenting

schedule:

1. Father shall be entitled to parenting time with the children per the Warren

County Basic Parenting Schedule (attached).

2. Father shall be entitled to four consecutive weeks of parenting time in the

sutnmer.

3. The parties shall both be entitled to holidays per the Warren County Basic

Parenting Schedule (attached), except as follows: Father shall be entitled to parenting time with

the children every Thanksgiving, one week during Christmas break the years Father has the

children at Christmas, and one week for Spring Break every year.

4. Parties shall equally divide eNpenses up to $500.00 a month associated with travel

to and from Father's residence.

5. Both parties must agree on public or private schools. If both parties agree on

private schooling, parties shall equally divide the costs.

6. Each parent shall keep the other parent notified of any change in address andfor

telephone number. The parties shall keep each other informed of any school reports or events,

medical treatment or problems, and extra-curricular activities. The non-residential parent is

entitled to access, under the same terms and conditions, to school, health, or agency records or

reports; the children's daycare center, and the children's student activities. The parties agree

that neither parent will talk negatively about the other parent or about the divorce in front of the

children.

7. Effective February 15, 2006, Father shall pay child support in the amount of

$2,500.00 per month. In addition to the monthly child support amount Father shall also pay a

2% processing charge to the Warren County CSEA., making the total monthly child support

obligation, including processing charge, $2,550.00. Child support shall be reviewed after sixANDPE..4 N. HIGKS

ATTORN EY AT LAW months to determine increase only. If Father has made $90,000.00 in those six months between224 READIMG R.A.

MASON, OHIO 45040

513-4S9-0492 Page 5 Qf 8

FAX 513-398-8927

ANDI3.EA N. HZGKS

ATTORNEY AT LAW

224 READLNG ROAD

MASON, OHIO45040

5 I 3-459-049 2

FAx 513-398-89Z7

48500855

all business income, support will increase to $3,000.00 per month, with a 2% processing charge

to the Warren County CSEA, making the total monthly child support obligation, $3,060.00. If

Father does not gross $90,000, income will be reviewed every six months thereafter. Husband

shall provide information regarding his income to Wife every six months.

There is only a minor deviation of less than 2.5% and the parties feel this is in the best

interest of the minor children, Any changes in child support shall be submitted by Agreed Entry

and both parties agree to cooperate in the execution of the Agreed Entry.

A separate list of child support provisions required by Ohio law (entitled "Notifications")

is attached hereto and incorporated herein by reference as though fully rewritten herein.

Effective May 31, 2006, there are $3,352.02 in child support arrearage. The arrearage

shall be assessed at twenty (20) percent per established guideline and added to monthly child

support until reduced to zero.

The Court orders that both parties shall have equal access to school, medical, andlor day

care records of the children unless otherwise specifically limited herein. The Court further

orders any record keeper of any applicable school, day care, or medical records to furnish said

information to each parent upon request. A knowing failure to comply with this order may

subject the offender to sanctions for contempt of Court.

The Court orders that each parent shall have equal access and opportunity to attend any

school, extracurricular, or recreational activity unless otherwise specifically limited herein. The

custodial parent shall notify the other party of any such function so to encourage both parents to

participate as fully as possible in the children's development.

Father shall be responsible for Alex's remaining tuition (March, April, May) and all

extracurricular school fees for the 2005-2006 school year. Parties shall equally divide all

extracurricular school fees beginning the 2006-2007 school year. As of May 31, 2006, Husband

owes to Wife the sum of $1,128.05 for extracurricular and school expenses. Payment of said

monies is due thirty (30) days from final hearing.

Father shall be entitled to claim both children as tax dependency exemptions for the tax

year 2005 and subsequent vears provided that Father is substantially current on December 31 of

every calendar year.

Page 6 of 8

48Q^00856Father currently provides medical and dental insurance for the minor children and shall

continue to do so if available through employer. If dental insurance is not provided through

employer, all costs shall be divided equally among the parties.

Father shall be responsible for any and all extraordinary medical expenses prior to

October 1, 2005. Any and all extraordinary medical expenses following October 1, 2005 shall

be divided as follows, Father shall pay 50% and Mother shall pay 50%. The parties shall provide

each other with a copy of all medical bills, amounts paid, and by whom, for the minor children

on a quarterly basis. Documentation of any extraordinary medical expenses shall be provided on

the last day of the months of March, June, September, and December. Reimbursement for all

extraordinary medical expenses shall be made within 30 days.

Extraordinary medical expenses shall be defined as any uninsured medical, optical,

hospital, dentallorthodontic and prescription expenses that are incurred for a child during a

calendar year, including co-payments and deductibles.

The Court orders the parties to consult and agree on all non-emergency major medical

treatment prior to said treatment and the parties shall have the right to seek second opinions

about any treatment plan.

TAXES

Income Reporting

1. On parti.es' income tax returns for 2005, the parties shall file jointly. Husband

shall be responsible for any and all taxes due.

LEGAt, FEES AND COURT COSTS

Attorney Fees and Court Costs

1. Husband shall pay Wife's attorney fees up to $2,500. Any and all fees and costs

above $2,500.00 shall be paid by Wife. All attorney fees shall be paid within thirty (30) days of

final hearing. Husband shall be responsible for his own attorney fees.

2. Husband shall pay the court costs due within thirty (30) days of the mailing of a

AATD}3EA T.T. HZCTis

ATTORNEY AT LAW

224 Rrao- R.A.

MASON, OHIO 45040

5 I 3-459-0492

FAX 513-398-8927

cost statement by the Clerk of Courts.

Page 7 of 8

IT IS SO ORDERED:

485008^^

,,..^-^.....

. ^.^JZ1DCrE/MACTT^TI^ATE

ANDREA N. HiCxs

ATTORNEY AT LAW

224 REA6ING R.A.

MASON, OHIO 45040

5 1 3-459-0492

FAX 513-398-8927

Alndrea N. Hidkg (0063478)Attorney for Plaintiff224 Reading RoadMason, Ohio 45040513-459-0492

Robert Fi r 0071640)Attorne_y fo ^ efendant209 Reading Road

I Mason, Ohio 450401513-398-4646

Sarah Dinan, Plain iff

Adam Dinan, Defendant

Page 8 of 8

Name of Parties: Dinan _Case No:Number of Minor Children: 2The fcallewsr~rg parent was designated as residential parent and legal custodian:

® - M®ther; 0 - Father. ® - Shared

Ccalumn IFATHER

INCOME1. a. Annual gross income from employment or, when

determined appropriate by the Court or Agency,average annual gross income from employmentover a reasonable period of years. (excludeovertime and bonuses, self employment income,or commissions) .......................................

b. Amount of overtime, bonuses, and commissions.Father Mother

Yr. 3 (3 yrs ago) 0.00 0.00Yr. 2 (2 yrs ago) 0,00 0.00Yr. 1(Last calendaryr) 0.00 0.00Average: 0.00 0.00

(Include in Column I and/or Column II theaverage of the three years or the year 1amount, whichever is less, if there exists areasonable expectation that the total earningsfrom overtime and/or bonuses during the currentcalendar year will meet or exceed the amountthat is the lower of the average of the threeyears or the year 1 amount. If, however, thereexists a reasonable expectation that the totalearnings from overtime/bo n uses during thecurrent calendar year will be less than the lowerof the average of the three years or the year 1amount, include only the amount reasonablyexpected to be earned this year.) ....................

2. For self-employment income:a. Gross receipts from business..........................b. Ordinary and necessary business expenses.....c. 5.6% of adjusted gross income or the actual

marginal difference between the actual ratepaid by the self-employed individual and theF.I.C.A. rate ..........................: . .. .

d. Adjusted gross income from self-employment(subtract the sum of 2b and 2c from 2a)..........

3. Annual income from interest and dividends(whether or not taxable) .............................

4. Annual income from unemployment compensation

5. Annual income from workers' compensation,disability insurance benefits, or social securitydisability/retirement benefits ................................

200, 000.00

0.00

0.000.00

0.00

0.00

0.00

0.00

0.00

Page 1

Column 11MOTHER

0.00

Column 111COMBINED

0.00

0.000.00

0.00

0.00

0.00 .

0.00

0.00

6. Other annual income (identify).

7. Total annual gross income (add lines la, 1b, 2d,and 3 - 6) ...........................................................

ADJUSTMENTS TO INCOME

8. Adjustment for minor children born to or adoptedby either parent and another parent who are livingwith this parent; adjustment does not apply to step-children ( number of children times federal incometax exemption less child support received, not toexceed the federal tax exemption).............. .........

9. Annual court-ordered support paid for otherchildren ...............................................................

10. Annual court-ordered spousal support paid toany spouse or former spouse ..............................

11. Amount of local income taxes actually paid orestimated to be paid ..................:.........................

12. Mandatory work-related deductions such asunion dues, uniform fees, etc. (not including taxessocial security, or retirement) .............. .............

13. Total gross income adjustments(add lines 8 through 12) .......................................

14. Adjusted annual gross income( subtract line 13 from line 7) ................................

15. Combined annual income that is basis forchild support order (add line 14, Column Iand Column 11) ....................................................

16. Percentage of parent's income to total incomea. Father (divide line 14, Column I, by line 15,

Column 111) ......................................................b. Mother (divide line 14, Column II, by line 15,

Column I11) ......................................................

17. Basic combined child support obligation (referto schedule, first column, locate the amountnearest to the amount on line 15, Column 111,then refer to column for number of children inthis family. If the income of the parents is morethan one sum but less than another, you maycalculate the difference) .......................................

18. Annual support obligation per parenta. Father (multiply line 17, Col. IIi, by line 16a)....b. Mother ( multiply line 17, Col. 111, by line 16b)...

19. Annual child care expenses for children whoare the subject of this order that are work-,employment training-, or education-related,as approved by the court or agency (deducttax credit from annual cost, whether or notclaimed) . .............................................................

Column I C®lumn 19FATHER MOTHER

0.00

200,000.00

0.00

0.00

0.00

0.00

0.00

0.00

200,000.00

100.00%

29,294.66

0.00

0.00

0.00

Colaamn IIICOMBINED

0.00

0.00

0.00

0.00

0.00

0.00

0.00

200,000.00

0.00°fo

29,294.66

0.00

0.00

Page 2

20. Marginal, out-of-pocket costs, necessary toprovide for health insurance for the childrenwho are the subject of this order .................

21. ADJUSTMENTS TO CHILD SUPPORTFather (only if obligor or shared parenting)a. Additions: line 16a times sum of amounts shown

on line 19, Column II and line 20, Column 11. ...Mother (only if obligor or shared parenting)b. Additions: line 16b times sum of amounts shown

on line 19, Column I and line 20, Column I......Father (only if obligor or shared parenting)c. Subtractions: line 16b times sum of amounts shown

on line 19, Column I and line 20, Column I. .....Mother (only if obligor or shared parenting)d. Subtractions: line 16a times sum of amounts shown

on line 19, Column ii and line 20, Column II....

22. OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT

a. Father:Line 18a plus or minusthe difference betweenline 21a minus line 21c ..............

b. Mother:Line 18b plus or minusthe difference betweenline 21b minus line 21d ..........................

23. ACTUAL ANNUAL ODLIGATION:a. (Line 22a or line 22b, whichever line corresponds

to the parent who is the obligor) .......................b. Any non-means-tested benefits, including social

security and veterans' benefits, paid to and receivedby a child or a person on behalf of the child due todeath, disability, or retirement of the parent.....

c. Actual annual obligation (subtract line 23b from line23a) ............................................... .

24. a. Deviation from sole residential parent supportamount shown on line 23c if amount would be unjustor inappropriate: (see section 3119.23 of the revisedcode.) (specific facts and monetary value must bestated.)

b. Deviation from shared parenting order: (seesections 3119.23 and 3119.24 of the revised code.)(specific facts including amount of time childrenspend with each parent, ability of each parent tomaintain adequate housing for children, and eachparent's expenses for children must be stated tojustify deviation.)

Columra IFATHER

0.00

0.00

0.00

29,294.66

29,294.66

0.00

29,294.66

0.00

0.00

CoIurnn II Column IIIMOTHER COMBIIVED

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

Page 3

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NOTIFICATIQNSRevised 02r01/04

SUP----PORT

... .„ . ;Js

IT IS ORDERED that the obligor is hereby restrained from making any paymentsdirectly to obligee. All current support payments and arrearage payrnents inust be made throughthe Warren County Child Support Enforcement Agency or the Ohio Child Support PaymentCentral. Any payments not made in this manner shall be deemed a gift.

All child support and spousal support under this order shall be withheld or deducted fromthe wages or assets of the obligor pursuant to a withholding or deduction notice or appropriatecourt order issued in accordance with Chapters 3119, 3121, 3123 and 3125 of the Revised Codeand shall be forwarded to the obligee in accordance with Chapter 3121 of the Revised Code.

All child support and spousal support paid under this order shall include a two percent(2%) processing charge.

If child support arrearages are determined by the Court or the Child Support EnforcementAgency, repayment shall be at the rate of twenty percent (20%) of the current order, plus twopercent (2%) processing charge, absent any Court ruling as to a different repayment schedule.

IT IS ORDERED that any income provider who receives a Notice to Income Provider toWithliold ObligorfIncomefAssets from the Child Support Enforcement Agency mustimmediately commence withholding in the amount and manner directed in the notice. Anyincome provider who fails to comply with the notice is subject to a finding of contempt of Court.

IT IS ORDER-ED that support payments shall be forwarded to the Ohio Child SupportPayment Central, P.O. Box 182372, Columbus, Ohio 43218. Until such time as the Notice toIncome Provider To Withhold Income/Assets becomes effective, the obligor shall be responsibleto make the appropriate payments directly to the Ohio Child Support Payment Central bycertified check, cashier's check, or money order only. Cash Payments may be made to theWarren County Child Support Enforcement Agency, 500 Justice Drive, Lebanon, Ohio 45036.

Child support for each child shall continue until that child reaches the age of eighteen andpursuant to O.R.C. 3103.03 no longer continuously attends on a full-time basis any recognizedand accredited high school, is otherwise emancipated, or unless otherwise ordered by the Court.Notwithstanding the foregoing, except in cases in which a child support order requires the dutyof support to continue for any period after the child reaches age nineteen, the order shall notremain in effect after the child reaches age nineteen.

The Court retains jurisdiction to address the issue of support and enter an order at anytime in the future upon motion of either party based on changed circumstances. The Court alsciretains jurisdiction to enter a support order in the future at any such time as either party mayrequest and receive any public assistance for a child or children herein.

t Notifications Page

It is further ®RDER-ED that the obligee shall notify the Warren County Child SupportEnforcernent Agency, 500 Justice Drive, P.O. Box 440, Lebanon, Ohio 45036-0440, in writing,of any change in the status of the minor child(ren) of the parties which would terminate the dutyobli or to a any ty

g P Y portion of the child support order. In the event of a reconciliation orremarriage of the parties, both parties are also required to notify the Warren County ChildSupport Enforcement Agency in writing of such a change. The parties are hereby ord6red tonotify the Warren County Child Support Enforcement Agency in writing of any change of his orher current mailing or residence address, or change of name. Willful failure to provide a changeof address to the C.S.E.A. is contempt of Court. The obligor shall notify the Warren CountyChild Support Enforcement Agency in writing immediately upon any change of employcnent.This duty to notify shall continue until further order of the Court.

EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILDSUPPORT ENFORCEMENT .AGE1®iC^.' IN WRITING OF HIS OR HER CIJ NTIVIAILIIi1G ADDRESS, C I°dT RESIDENCE ADDRESS, CURRENT R.ESII3ENCETELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NLTl@'IBEIZ, AND OF

ANYC'IL4,NGES IN THAT INFO TION. EACH PARTY MUST NOTIFY THE AGEN®F ALL CIiA1GES L^TIL FURTHER NOTICE FROM C^'

WHICHEVER ISSUED THE SUPPORT ORDER. IF YOU ^,R.ETHE ®BLIGDAGENCY,I2 UNDERA CI3II.D SUPPORT ORDER AND YOU FAIL T®MAKEE THE REQUIRED

NOTIFICATIDNS, YOU MA,1' BE FLNEI3 UP TO $50 FOR A FIRST OFFENSE, $100FOR A SECDiN.II ®FFENSE, AND $500F®It EACH SUBSEQUENT OFFENSE. IF YOUARE AN OBLIGOR OR OBI.;I(%EE ITNDER ANY SUPPORT ORDER ISSUED BY ACOURT A-N

ND YOU WILLFULLY FAIL TO GIVE THE REQUIRED N®TICES,1'OIJNIAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FLNES UP TO$1,000 A.^D Ii7FRISONiVIENT FOR NOTMOIZE THAN 90 DAYS.

IF Y^U ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIREDNOTICES, YOU 1viA ^.' NOT RECEIVE NOTICE OF THE F®LI,®WLNC

ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINSTYOUR PROPERTY; LOSS OF YOUR PI2C)FESSI®NAI, OR ®CC€7PATI®1®1A-LLICENSE, DRIVER'S I,ICENSE, OR IIECRE.A°I'IOiNAI. LICENSE; WITHHOLDINGFROM YOUR IiNCC®1VIE; ACCESS RESTRICTION AND DEDUCTION FROM Y®I)ACCOUNTS IN FIIVANCIAI., INSTITUTIONS; AND ^PERMITTED BY LAW TO OBTAIi^I i!/I®NE^' FROM ^

ANY

®® SATISFY YOURSUPPORT OI3I,IGATII3Ne

It is further DRDER-ED that a residential parent who intends to change addresses mustfirst file a "Notice of Intent to Relocate"

with the Court. A copy ofthis notice shall be mailed tothe non-residetitial parent. Any partyreceiving such a notice may request that a hearing be

co^nducted to readjust the allocation of parental rights and responsibilities.

2 Notifications Page

HF, AI.,TH INSf:IRANCE A1VD EXPENSES

The person required to provide health insurance coverage shall designate the parties'minor children as covered dependents under any health insurance policy, contract, or plan forwhich that party contracts no later than thirty (30) days after issuance of this order. Writtenverification of compliance with this order nzust be provided to the Warren County Child SupportEnforcement Agency at P.O. Box 440, 500 Justice Drive, Lebanon OH 45036 immediately, butno later than thirty (30) days after complying with this order.

The requirement to obtain health insurance for the parties' minor children under thisorder cannot be fulfilled through enrollment in the Medicaid system and such enrollment mayrequire the Warren County Child Support Enforcement Agency to take action to modify yourchild support and/or health insurance orders.

If health insurance coverage for the parties' minor children is not presently available at areasonable cost through a group policy, contract, or plan offered by either party's employer orthrough any other group policy, contract, or plan available to either party, and if health insurancecoverage for the parties' minor children becomes available at a reasonable cost, the person towhom the coverage becomes available shall obtain health insurance and inform the ChildSupport Enforcement Agency in writing within thirty (30) days. "Reasonable cost" for thesepurposes is defined as seven percent (7%) or less of annual gross income as identified on thechild support computation worksheet accompanying this order.

The person required to provide health insurance coverage shall provide the other partywith all information regarding the benefits, limitations, and exclusions of the coverage, copies ofany insurance forms necessary to receive reimbursement, payment, or other benefits under thecoverage, and a copy of any necessary insurance cards no later than thirty (30) days after theissuance of this order.

The individual who is to be reimbursed for out-of-pocket medical, optical, hospital,dental, or prescription expenses paid for the parties' minor children is the person who incurredthe expense. Absent unusual circumstances, or court order to the contrary, request forreimbursement of health care expenses should be made within thirty (30) days of the date whenpayment is made or due. Reimbursement should be made within thirty (30) days of the request.

Nothing contained in this order prevents the heath plan administrator that provides thehealth insurance coverage for the children from continuing to make payment for medical, optical,hospital, dental, or prescription services directly to any health care provider in accotdance withthe applicable health insurance policy, contract, or plan.

Pursuant to Ohio Revised Code Section 3119.56, an obligor or obligee who fails tocomply with a child support order issued in accordance with Section 3119.30 of the Revised


Code is liable to the other for any medical expenses incurred as a result of the failure to complywith the order.

Upon written request, an employer of any person required to obtain health insurancecoverage is required to release to the other parent, any person subject to an order issued underSection 3109.19 of the Revised Code, or the Child Support Enforcement Agency, any necessaryinformation on the health insurance coverage, including the name and address of the health planadministrator and any policy, contract, or plan number, and to otherwise comply with Section3119.32 of the Revised Code and any order or notice issued under this section.

If the person required to obtain health insurance coverage for the children subject to thischild support order obtains new employment, the agency shall comply with the requirements ofSection 3119.34 of the Revised Code, which may result in the issuance of a notice requiring thenew employer to take whatever action is necessary to enroll the parties' minor children in healthinsurance coverage provided by the new employer.


k.- J. .... '.,. €,^ 7,2

Effective 2/I/04

BASIC PARENTING SCHEDULEWARREN COUNTY COURT OF COMMON PLEAS

DOMESTIC RELATIONS DIVISION

This Court encourages parents who are divorcing or divorced to createparenting schedules tailored to the specific needs of their child(ren), taking intoaccount their respective work schedules and the individual needs of the child(reaa).

If parents have no specific written parenting schedule, the parents shall follow theschedule set forth below. This Court-imposed schedule is intended to further two goals:(1) preservation of or development of a close relationship between child(ren) and each

ay rent; and (2) consideration of the changing developmental needs of the child(ren).

Note: For purposes of interpreting this order and if a shared parenting plan refers:to this order, the party with whom the child(ren) spend the majority of time shall bereferred to herein as the residential parent and the other parent as the non-residentialparent provided that the shared parenting plan does not contain any provisior^s to thecontrary.

A. INFANTS: 0- 2 MONTHS

For infants up to two months of age, the non-residential parent may spendtime with the baby in the residential parent's home three days per week,for two hours per visit. If the parties cannot agree as to days and time, thefollowing schedule shall be followed: 2:00 p.m. to 4:00 p.m. on eachSunday and each Tuesday and Thursday evening from 6:00 p.m. to 8:00p.m.

B: INFANTS: 2 MONTHS - AGE 2 (Commencing at age 2 months, parenting timeis spent away from residential parent's residence.)

Beginning at two months through twelve months, the non-residential parent may spend time with the child away from the residentialparent's residence every Tuesday and Thursday evening from 5:30 p.m. to8:30 p.m. and one day each weekend, alterna.ting between Saturday andSunday, from 10:00 a.m. to 6:00 p.m.

2. From twelve months to two years, the non-residential parent mayspend time with the child as follows: every Tuesday and Thursdayevening from 5:30 p.m. to 8:30 p.m. and on alternating weekends fromSaturday at 10:00 a.m. to Sunday at 6:00 p.m.

Holidayss In odd numbered years, the non-residential parent may spendtime with the child(ren) from 10:00 a.m. to 6:00 p.m. on President's Day,Memorial Day, Thanksgiving and Christmas Eve. In even numberedyears, the non-residential parent may spend time with the child(ren) from10:00 a.m. to 6:00 p.m. on Easter, July 4th, Labor Day and Christmas Day.

4. Older Siblinesa If there are older brothers and sisters of the infantchild(ren), the parenting time (including holidays) set forth below forchildren ages two years through twelve years shall govern infant visitationonce the infant is two months old.

C. CHILDREN AGE 2 THROUGH 12: The non-residential parent shall spendtime with the children as follows:

1. Weekends: Alternate weekends beginning Friday at 6:00 p.m. andending Sunday at 6:00 p.m.

2. Weekdays: Every Wednesday (or other day by agreement) from 5:30 p.m.to 8:30 p.m.

D. TEENAGERS - AGE 13 THROUGH 15:

Weekends and Weekdays: It is recommended that the above schedule for childrenage two through twelve be continued through age fifteen if possible. However,parents should respect a teenager's need to spend time with peers and in organizedactivities, and less time with each parent, especially during weekends and summerholidays. Quality of time is more important than a rigid schedule. Flexibility inscheduling is necessary. When possible, it is preferable to consider the teenager'swishes as long as the parents agree. At a minimum, the non-residential parent mayspend time with children in this age bracket every Wednesday from 5:30 p.m. to 8:30p.m. and at least one overnight and day on alternating weekends.

E. TEENAGERS - AGE 16 UNTIL 18:

Parenting time for children in this age bracket shall be fixed between the child and thenon-residential parent. Parenting time shall not be limited other than as the child andthe non-residential parent choose. -

2

F. HOLEDAYSe

1. In odd numbered years, Mother will have the child(ren) and in evennumbered years Father will have the children on:

Easter:

July 4gh °

Labor I)ay°

from Saturday at 6:00 p.m. to Sunday at 7:00 p.m. (Onlyapplies to pre-school age children)

from 9:00 a.m. to 11:00 p.m.

from Friday at 6:00 p.m. to Monday at 7:00 p.m.

Christmas: from December 24th at 9:00 p.m. to January 15` at 6:00 p.m.

2. In odd numbered years, Father will have the child(ren) on and in evennumbered years Mother will have the children on:

President's Day: from Friday at 6:00 p.m. to Monday at 7:00 p.m.

Memorial Davo from Friday at 6:00 p.m. to Monday at 7:00 p.m.

Thanksgiving: from Wednesday night at 6:00 p.m. to Thursday at 7:00p.m. unless the following weekend is that parent's regularlyscheduled weekend, in which case the parenting time shallcontinue until Sunday at 6:00 p.m.

Christmas: from December 21"^ or the last day of school, whichever islater, at 6:00 p.m. to December 24th at 9:00 p.m.

Spring Break: commencing at 9:00 a.m. the day after school recesses to6:00 p.m. the day before school resumes. (Only applies toschool age children).

3. Other important days:

Mother's Day°

lN ather's I3ay°

Birthdays:

With the mother from 9:00 a.m. to 7:00 p.m.

With the father from 9:00 a.m. to 7:00 p.m.

No special provision is made for the children'sbirthdays unless otherwise agreed. -

Other Cultural Holidays: Any other religious holidays, cultural holidays or'days of significance not referenced herein shall beaddressed by agreement of the parties or courtorder.

3

If any of the above holidays falls on a Monday following that parent's regularweekend, then the parenting time will be continuous through the holiday.

G. Extended Parenling Tirne Summer Vacations and 'I'ravel°

The non-residential parent shall have extended parenting time with the child(ren)to coincide with his or her work vacation if possible. The parenting time mayextend to two weeks (non-consecutive) for ages two to four years; it may extendto two consecutive weeks for ages four and five years; and it may extend for up tofour weeks (with no more than two weeks being consecutive) for ages six throughtwelve years. The residential parent may also have an extended vacation with thechild(ren) not to exceed two weeks. All parenting/vacation time taken under thissection must be taken in blocks of time of at least seven days. Each parent mustgive the other parent thirty days prior written notice of the dates he or she intendsto have extended parenting time or vacation with the child or children. In the caseof conflict, the schedule of the parent who first gives written notice to the otherparent shall prevail. For any vacation or holiday travel, each parent must providethe other parent with destination, times of arrival and departure, and methods oftravel. If there are children in different age brackets, the provisions set forth forthe oldest age bracket shall govern as to all children, except that there shall be noextended parenting time/vacation for children under two years of age. NOTE:Child support will not be reduced during summer vacation periods specified inthis provision.

H. RULES REGARDING PARENTING TIME:

C®rtflictini! Schedules: In the event of any conflict between parenting timeschedules, the following is the order of precedence:

a. Holidaysb. Vacation periods or extended parenting timesc. Weekends and mid-week days

For example, one parent may not schedule his or her summer vacation to includeJuly 4`h if July 4th is the other parent's holiday that year. As another example, theresidential parent may be entitled to have the children on the Easter holiday eventhough it falls on the non-residential parent's alternating weekend. In this case,the non-residential parent's weekend shall conclude at 6:00 p.m. on Saturdayevening.

2. Illness: Parenting time shall be provided to the non-residential parent even if thechild is ill unless the child is hospitalized or a physician has recommended that thechild not be removed from the residential parent's home, in which event inunediatenotice shall be given to the non-residential parent. Any weekend parenting timethat is missed under this provision shall be made up the following weekend.

4

3. Telei3hone and Mail: Both parents may have reasonable telephone contact withthe child(ren) not to exceed once a day between the hours of 7:00 a.m. and 9:00p.m. If the children are not available, the child(ren) should return the telephonecall. Both parents shall encourage free communications between the child(ren)and the other parent and shall not do anything to impede or restrict reasonablecommunications by telephone or mail between the child(ren) and the other parent,whether initiated by the child(ren) or the other parent. Any mail between thechild(ren) and either parent shall be strictly confidential and shall not be opened orread by the other parent.

4. C®otseration: Both parents shall refrain from criticizing the other parent orarguing with the other parent in the presence of the child(ren).

5. Exchanee of Phone Numbers: Unless this Court orders otherwise each parentmust keep the other parent informed of his or her current telephone number and atelephone number where the child(ren) may be reached.

6- Transportation: In the event that the parents are unable to reach an agreementregarding transportation, the parent receiving the child(ren) shall arrangetransportation. For example, if the parents are following the Basic Order of thisCourt, the non-residential parent will pick up the children froni the residentialparent's home on Friday evenings. Likewise on Sunday evenings the residentialparent will pick up the children from the non-residential parent's home. In theevent that either party moves and thereby increases the distance that existedbetween the parties at the time of the last court order by more than 25 miles, thatparty must provide all of the transportation or file a motion to have thetransportation duties reviewed. Until such hearing, the moving parent shallprovide all the transportation.

7. Grace Period: The transporting parent for parenting time shall have a graceperiod of fifteen minutes for pick up and delivery if both parties live within thirtymiles of each other. If the one way distance to be traveled is more than thirtymiles, the grace period shall be thirty minutes. In the event the non-residentialparent exceeds the grace period, that period of parenting time is forfeited unlessprior notification and arrangements have been made and excepting cases where thenon-residential parent lives in excess of thirty miles away and suffers anunavoidable breakdown, or delay en route and the non-residential parent promptlynotifies the residential parent by telephone of the delay. Repeated violations byeither parent shall be cause for granting a modification of the parenting order.

8. Clothin and Sunplies fcr CdrenThe residential parent shall send with thechild(ren) on parenting time sufficient clothing and outerwear appropriate for theseason and for any known, planned activities. For the weekend, this shall consistof a minimum of a coat and shoes appropriate for the weather, two extra sets ofplay clothes, one dress outfit and underwear, in addition to the clothes the children

are wearing at the time of the start of the weekend. In the case of infants, theresidential parent shall send with the child(ren) sufficient bottles, formula anddiapers and shall inform the non-residential parent of the child's sleeping andeating schedules. The non-residential parent shall return all items that are sentwith the child(ren) at the end of his or her parenting time.

9. ^hild(rean)'s Ae^ivfltieso Scheduled periods of parenting time shall not be delayedor denied because a child has other activities (with friends, work, lessons, sports,etc.). It is the responsibility of the parents to discuss extra-curricular activities ofthe child(ren) in advance, including time, dates and transportation needs, so thatthe child(ren) are not deprived of activities and maintaining friends. Each parentshall provide the other with copies of any written material (i.e. activity schedules,maps, instructions) that are distributed in connection with the child(ren)'sactivities. The parent who has the child(ren) during the time of scheduledactivities is responsible for transportation, attendance andJor other arrangements.Both parents are encouraged to attend all their child(ren)'s activities.

CONCLUSION

Parents are encouraged to allow for flexibility in the foregoing schedule to best suitthe changing needs of the child(ren) and the employment schedules of the parents.HOWEVER, absent an order of this Court, the foregoing schedule shall be followedabsent a clear, mutual understanding between parents to deviate. Any modification shallbe in writing if feasible.

Experts uniformly agree that the absence of conflict between parents is morecritical to a child's welfare than the amount of time either parent speiids with thechild.

6

4"r °7 Q

IN THE COURT OF COMMON PLEASDIVISION OF DOMESTIC RELATIONS

WARREN COUNTY, OHIO

SARAH DINAN8046 Filmore LaneReynoldsburg, Ohio 43068 Case No. 05DR29815DOB: 08/20/75

Plaintiff,Judge Timothy A. Oliver

-vs-

ADAM DINAN8790 Governors Hill Drive, #207Cincinnati, Ohio 45249DOBo 09/19/73

Defendant.

MOTION FOR CONTEMPT

D R S_G

Now comes Plaintiff, Sarah Dinan, by and through her attorney, Andrea N. Hicks, and

hereby moves this Court for an Order of Contempt against Defendant Adam Dinan for failure to

pay the sum of $2, 200.00 to Sarah Dinan per the Agreed Entry filed in this matter on

December 18, 2006.

Further, Plaintiff hereby moves this Court for an Order of Contempt against Defendant

ANDREA N. HICKS

ATTORNEY AT LAW

224 REAOiNG ROAD

MASON, OHIO 45040

5 1 3-4S 9-0492

FAX 513-398-8927

Adam Dinan for failure to pay child support as ordered in the Decree of Divorce filed on July

28, 2006 and all outstanding arrearages as ordered in the Agreed Entry filed on December 18,

2006.

Further, Plaintiff hereby moves this Court for an Order of Contempt against Defendant,

Adam Dinan for violating the Agreed Entry filed December 18, 2006 by consuming alcohol

within a twentyfour (24) hours of his parenting time.

V y5 s^^.n

Further, Plaintiff would request that Defendant be ordered to reimburse her for the

attorney fees and costs associated with filing this motion.

Plaintiff requests that this matter be scheduled for hearing.


78)C4jcksO0634orney for Piaintiff

224 Reading RoadMason, Ohio 450405 I 3-459-0492

NOTICE OF HEARING

THIS MOTION FOR CONTEMPT HAS BEEN SCHEDULED FOR HEARING ONJUNE 4, 2007 AT 10:30 A.M. $EI+'ORE MAGISTRATE IVERSEN AT WARRENCOUNTY DOMESTIC RELATIONS COURT, 500 JUSTICE DRIVE, LEBANON,OHIO 45036.

Is1


I hereby certify that a true and accurate copy of the foregoing Motion has been served

upon Joseph R. Matejkovic, Attorney for Adam Dinan, MiddCommons Centre, 7t'' Floor, Two

North Main Street, Middletown, Ohio 45042 by ordinary mail on ^' day of May, 2007.

drea N. Hicks

ANDIAEA N. HICKS

ATTORNEY AT LAW

224 READING R.A.

vIASON, OHIO45040

S I 3-4S9-O492

FAX 513-398-8927

NOTICE NOTICE NOTICEAttach to Summons (O.R.C. 2705.031)

TO THE PERSON SERVED WITH THIS NOTICE: YOU ARE ACCUSED OF CONTEMPT OF ACOURT ORDER. YOU SHOULD READ THIS NOTICE.

(1) A notice of hearing date is attached. Your failure to appear at this hearing may result in the issuanceof an order for your arrest. If this case involves alleged failure to pay support, the court may also issueand order for the payment of support by withholding an amount from your personal eamings or bywithholding or deducting an amount from some other asset of yours.

(2) You have a right to be represented by legal counsel in this matter. If you believe that you are indigent,you must apply for a public defender or court appointed counsel within three business days afterreceipt of the attached summons

(3) The court may refuse to grant you a continuance at the time of hearing for the purpose of obtainingcounsel, if you fail to make a good faith effort to retain counsel or to obtain a public defender.

(4) The fol.lowiiig potential penalties could be imposed upon you, if you are found guilty of contempt foryour failure to pay support, or for your failure to comply with, or your interference with a visitationorder or decree:

STATUTORY PENALTIES: FOR A FIRST OFFENSE, YOU MAY BE FINED NOT MORETHAN $250.00 AND IMPRISONED NOT MORE THAN THIRTY DAYS, OR BOTH. FOR ASECOND OFFENSE, YOU MAY BE FINED NOT MORE THAN $500.00 AND IMPRISONEDFOR NOT MORE THAN SIXTY DAYS, OR BOTH. FOR A THIRD OFFENSE, YOtT MAY BEFINED NOT MORE THAN $1,000.00 AN'D IMPRISONED NOT MORE THAN 90 DAYS, ORBOTH. (O.R.C. 2705.05)

IlVIPIZISONIVIEN'I' UNTIL COMPLIANCE: IF YOUR CONTEMPT CONSISTS OF THEOMISSION TO DO AN ACT WHICH THE COURT FINDS YOU CAN YET PERFORM, YOUMAY BE IMPRISONED UNTIL YOU PERFORM IT. (O.R.C. 2705.06)

SUPPORT C"C)NTENiPT: IF YOU ARE FOUN-D II^,T CONTEMPT FOR FAILURE TO MAKE`:CHILD SUPPORT OR SPOUSAL SUPPORT PAYMENTS AS ORDERED, IN ADDITION TOALL OTHER PENALTIES, THE COURT MUST ORDER YOU TO PAY ALL COURT COSTSAND REASONABLE ATTORNEY FEES TO THE OTHER PARTY. (O.R.C. 3105.21; 3113.31(K);& 3105.18(G)). IN ADDITION, IF THE COURT FINDS YOUR FAILURE TO PAY CHILDSUPPORT WAS WILLFUL, IT MUST REQUIRE YOU TO PAY INTEREST ON YOUR CHILDSUPPORT ARREARAGES. (O.R.C. 3113.219).

HEALTH INSURANCE C(.Il®tTEMPT: IF YOU ARE FOUND IN CONTEMPT FOR FAILURETO COMPLY WITH HEALTH INSURANCE ORDERS RELATING TO MINOR CHILDREN,YOU ARE LIABLE FOR ANY MEDICAL EXPENSES INCURRED AS A RESULT OF YOURFAILURE, AND UPON A SECOND OFFENSE, YOUR CHILD SUPPORT OBLIGATION MAYBE INCREASED. (O.R.C. 3113.217(I) & (J).

VISITATION CONTEMPT: IF YOU ARE FOUND IN CONTEMPT FOR FAILURE TOCOMPLY WITH OR INTERFERENCE WITH ANY COMPANIONSHIP OR VISITATIONRIGHTS, IN ADDITION TO ALL OTHER PENALTIES, THE COURT MUST ORDER YOU TOPAY ALL COURT COST'S AND REASONABLE ATTORNEY FEES TO THE OTHER PARTY,AND MAY ALSO AWARD COMPENSATORY VISITATION TIME. (O.R.C. 3105.051(K)).

ADDITIONAL PENALTIES: IN ADDITION TO ALL PENALTIES IMPOSED BY STATUTE,THE COURT HAS THE INHERENT POWER TO IMPOSE ADDITIONAL SANCTIONS FORCONTEMPT OF COURT. (Hale v. State, 55 Ohio St. 210 1986 • Zakany

(1984).( }, Y V. Zakany , 9 Ohio St.3d

WARREN COUNTY, OHIO

DIVISION OF DOMESTIC RELATIONS

4f

Cf 'f 1

IN THE COURT OF COMMON PLEAS

SARAH DINAN,

-vs-

ADAM DINAN,

)

Plaintiff, )

)

)

Defendant. )

Case No. 05DR29815

MAGISTRATE'S DECISION

This matter came before the Court on July 23, 2012 upon Defendant ADAM

DINAN'S ("Father") Motion for Contempt filed with this Court on June 14, 2012.

Plaintiff SARAH DINAN ("Mother") was present in Court without counsel. Father

was present in Court with his counsel, Joseph Matejkovic. At the commencement of

the hearing the undersigned informed both parties that Judge Posner of the Duchess

County New York Family Court phoned the undersigned to discuss jurisdiction

concerning the Dinan children. Both sides were then invited to brief the issue of

whether this Court should exercise jurisdiction over the parties' minor children. Both

parties filed briefs on August 6, 2012. Based upon the pleadings, this Magistrate

makes the following findings of fact and conclusions of law:

The parties are the parents of two minor children, namely, Alexander S. Dinan

(DOB: 01-08-99) and Luke J. Dinan (DOB: 01-09-03). The parties were divorced by this

Court on July 28, 2006. Mother was granted custody of the parties' minor children in

the divorce. Father's parenting time has been modified on a number of occasions. The

,

y 5:^ ^} ^. 1•... ! J ^^

most recent modification occurred pursuant to an Agreed Entry 4filed September 28,

2007. At that time Mother was in the process of moving to Massachusetts. Since 2007

Mother has continued to reside outside the State of Ohio.

On November 21, 2011 the State of New York issued a Civil Protection Order

i.` protecting Mother and the parties' children from Father. The State of New York

suspended Father's parenting time. Apparently, within the domestic violence case in

I New York, Mother filed a Motion to modify Father's parenting time. Shortly

E E thereafter on June 14, 2012 Father filed the above Motion for Contempt with this CourtFr:^

alleging that Mother has failed to abide by the September 28, 2007 Agreed Entry

concerning Father's parenting time. Father's Motion alleges numerous violations of

the parenting time schedule including violations occurring after the State of New York

suspended Father's parenting time. New York has now stayed its proceedings until

this Court determines whether this Court shall exercise jurisdiction over these

children.

Currently Mother resides in Fishkill, New York. Father.'s pleadings indicate

that Father resides in Newport, Kentucky. Neither party is currently a resident of the

State of Ohio. Pursuant to the Court file,lUdother and the children have not resided in

Ohio since 2007.

Pursuant to Ohio Revised Code Section 3127.21 this Magistrate finds that Ohio

is an inconvenient forunl and this Magistra.te finds that this Court shall decline to

exercise its jurisdiction. This Magistrate finds that the State of New York is a. more

convenient forum. Specifically, this Magistrate finds as follows:

Domestic violence has occurred and the State of New York has

intervened already to issue a Civil Protection Order for the benefits ofMother and the children.

2

® The children have resided outside the State of Ohio for five years.

® There was no evidence concerning the exact distance between this Court

and the Court in Duchess County, New York.

® Pursuant to the latest child support calculation filed with the Court on

June 19, 2012, Father apparently operates his own business and earned

gross receipts of $138,720.00 per year. Father's ordinary necessary

business expenses totaled $76,401.00 leaving Father an adjusted gross

income after FICA of $58,829.00 for child support purposes. Pursuant to

such child support calculation Mother earned $42,024.00.

• There is no agreement of the parties as to which State shall assumejurisdiction over the children.

• Based upon the fact that neither party currently resides in Ohio and thatthe children have not resided in Ohio for five years, any evidencerequired to resolve the pending litigation concerning the Motion forContempt would be from New York or Kentucky.

• Both New York and Ohio have the ability to decide parenting issuesexpeditiously.

• This case has not been before the Court on parenting issues since 2008.Parenting issues have been addressed in the State of New York withinthe confines of the domestic violence case as recently as November 2011.

Therefore, New York has more current information and is more familiar with

the recent facts of this case.

Based upon all the evidence before the Court, this Magistrate finds that the

State of Ohio and Warren County shall decline to exercise jurisdiction over the above

captioned matter. The State of New York is ready willing and able to exercise such

jurisdiction and this Magistrate finds that it is better able to do so. A copy of this

Magistrate Decision shall be forwarded to Judge Posner, Duchess County, New York

for further proceedings consistent with this Magistrate Decision.

:. . _ `..} ..

.. . f

NOTICE TO ATTORNEYS AND PARTIES

Pursuant to Civil Rule 53(D)(3), the parties shall have fourteen (I.4) days from

the date of filing of this decision to file written objections with the Clerk of Court's

Office. The objections shall be specific and state with particularity all grounds for

objection. Any objection to a factual finding shall be supported by a transcript of all

the evidence submitted to the Magistrate relevant to that finding or an affidavit of that

evidence if a transcript is not available. A party shall not assign as error on appeal the

Court's adoption of any factual finding or legal conclusion of law unless the party has

objected to that finding or conclusion as required by Civ.R. 53(D)(3)(b).

MAGISt-RA'I'E YVC)NNE A. IVERSENt,

^

V1

SARAH DINAN8046 FILMORE LANEREYNOLDSBURG, OHIO 43068DOB: 08/20/1975

IN THE COMMON PLEAS COURT, WARREN COUNTY, OHIODomestic Relations Division

Plaintiff,

vs.

ADAM DINAN8790 GOVERNORS HILL DRIVE, #207CINCINNATI, OHIO 45249DOB: 09/19/1973

+'^ ry n r.' .T` r.. f

__ .._ . - ..i

. ._ . .. , -..<

Case No. 2005-DR-29815Sets No. 7057509163

Judge Timothy OliverMagistrate Yvonne Iversen

DEFENDANT'S RENEWED MOTION TOSET ASIDE DECREE FILED 07/23/2006(REGARDING CHILD SUPPORT) OR, INTHE ALTERNATIVE, TO MODIFY CHILDSUPPORT

Defendant.

Now comes Defendant Adam Dinan, by and through counsel, and respectfuiiy renews

his motion to vacate and set aside the Decree of Divorce filed in this action on 07/23/2006,

specifically regarding the calculation of Adam's child support obligation, or, in the alternative, for

an order modifying Adam's child support obligation. The bases for this motion are set fort in the

attached Memorandum in Support.

itted,

_- seph,,R. M teakavic ^(^6097)8050 Becketf enter Drive, Suite 214i^'a^s^hest^r; Ohio 45069-5018Tel: (513) 759-9800Fax: (513)759-9810E-Mail: [email protected] for Defendant

' YIII V '! r ' 1 ! H' IE III I I I ItlII U I ^ Iq11Il1 NP^

^^^'

NOTICE OF HEARING

Be advised that this motion shall come before the Warren County Domestic RelationsCourt for hearing on the ^ day of ^ 2007 at 1,°` m. beforeMagistrate ^^,^ip^,^


The above signature certifies that a true and accurate copy of the forego^ng was servedupon the following persons by regular U.S. Mail, postage prepaid, on

Andrea N. Hicks, Esq.224 Reading RoadMason, Ohio 45040Counsel for Plaintiff

Page 2 of 3

^ME(ViORANt7tJM Itd SUPPJRT

11

When this Court calculated Adam's child support obligation for the final decree, it based

that calculation on Adam earning $200,000 per year. That figure, however, was not supported

by the evidence at that time, and has since proven to be incorrect.

Specifically, Adam's reported incorne for 2004 was $156,094; for 2005, it was $71,307.His W-2 for 2006 reflected income of $82,500. His year-to-date income, as of the pay periodending 09/15/2007, is $40,500, which extrapolates to approximately $57,500 for 2007.

The Decree orders Adam to pay $2,500 per month total for child support (although thiscounsel's calculation, based on the same figures the Court used, would require $1,831 per

month total - meaning that his support obligation was approximately 37% higher than thestatutory figure even if the income figures were correct.) (fnterestingly, and quite unfairly, the

Decree also provides that Adam's support obligation must be reviewed after six r-nonths "to

determine increase onfy" (emphasis added). ) Had this Court used Adam's actual income for

2005, or atternpted to extrapolate his income for 2006, then his s:apport ob{igation-woufd have

been less than half of what was rordered ($969 per month total based on 2005 iir(^onle, or-$1,200 per rnonth total based on actual income for 2006).

As a resuit of the overwhelming child support theobligation imposed by ,:Decree, Adam

eventually lost the former marital residence he was awarded in the decree, and now is forced to

rely on friends to provide housing to him because he cannot get housing for hirriseif. Further,

he now faces a contempt citation in this Court as a result of an arrearage of approximately$21,000.

For the foregoing reasons, Adam respectfully moves this Court to vacate the decree,

specifically the child support figure, and to recalculate his support obligation retroactive to the

date of the decree, or, in the alternative, to modify his support obligation from this point forward.

Ily submitted,

,JoseRh Rg Mate"f4ovic (005N,47)Cownsel-for Defendan^

Page 3 of 3

f ? ^f?

6

q._a

Ui.» _ . , ^.. U aR T S


WARREN COUNTY, OHIO


SARAH DINAN, )

Plaintiff, ) Case No. 05DR29815

-vs-)

,DAh,D,.^^ MAG_,smA,D,frnd.,nt ,IIIY ^I3 u^.B,^!! 5^I

D R2YI9 8 1 5VYlpdNHVI

This matter came before the Court on March 6, 2008 upon the following

Motions: Defendant's Renewed Motion to Set Aside Decree or Modify Child Support

field with the Court on October 17, 2007 on behalf of Defendant Adam Dinan

("Father"), Plaintiff Sarah Dinan's ("Mother") Motion to Dismiss filed January 10, 2008

and Mother's Motion to Change Transportation filed February 19, 2008. Both parties

were present in Court with counsel. Mother was present in Court with her counsel,

Andrea Hicks. Father was present in Court with his counsel, Joseph Matejkovic.

Based upon the evidence before the Court, this Magistrate makes the following

findings of fact and conclusions of law:

At the commencement of the hearing, both counsel made ora.i arguments

concerning Mother's Motion to Dismiss filed January 10, 2008. Mother asserts that

Father's Motion to Set Aside the Decree is a Motion for 60(B) Relief. As such, such

motion must be filed within one year. The parties were divorced by this Court on July

28, 2006. Second, Mother asserts that an Agreed Entry filed D.ecember 2006 reaffirms, ..5^

f "

Father's child support amount and therefore Father's motion should be barred by res

judicata.

Father asserts that res judicata does not apply to the December 2006 Entry. With

respect to the timing of Father's Motion, Father points to the fact that this Court

dismissed his original motion the last time the parties appeared before the Court.

This Magistrate finds that Motion to Dismiss filed January 10, 2008 to be well-

taken and is th.ereby granted. The Magistrate finds that the Motion to Set Aside the

Decree was not filed within one year. Moreover, the Agreed Entry filed reaffirming

the amount of child support to be paid was filed December 2006. Most persuasively,

however, is the fact that the parties Decree of Divorce was based upon a Separation

Agreement that the parties reached. The Decree simply adopted the parties'

agreement. There was litigation at the time of the parties' Divorce Decree concerning

whether or not the parties were bound by the Separation Agreement. Judge Oliver

ruled on that issue. If Father requested relief he should have filed an appeal not a

60(B) Motion. Therefore, the Motion to Dismiss Father's Motion to Set Aside the

Decree is granted.

Motion t® Modify Child Supprt

Father requests that this Court modify his child support obligation. Currently,

Father is ordered to pay child. support in the amount of $2,500.00 per month. The

child support calculation attached to the parties' Decree of Divorce uses income for

Father at $200,000.00 and Mother at $0.00.

Father has been employed in the mortgage industry for quite some time. Father

currently works of First Financial Home Lending. This organization apparently is

2

;?r

p^ r

^

F

A

substantially the same as Father's prior employer, First National Home Lending,

simply the name of the business lias changed. For years Father had done quite well at

the mortgage lending business. However, in 2007 Father earned a total of $49,288.00.

Father's job description in 2007 changed and instead of simply selling loans, Father

also worked as an office manager.

Also in 2007 Father apparently had numerous criminal problems. Father was

sentenced to jail on a number of occasions. In 2007 Father testified that he spent 44

days in the Warren County Jail from October until the end of 2007. Father states that

in 2008 he was in jail for 28-29 days. Father testified that his incarceration did not

affect his job performance in that Father did have work release. Father does admit,

however, that for 13-14 days in June 2007 he was not permitted any work release.

Father has not filed a tax return for 2006 and 2007 and therefore as such they

were not introduced as exhibits.

Prior to the reorganization of the business Father was a partial owner of the

business. Father owned 33% of First Financial Home Lending. In approximately

October 2007 when the company reorganized Father was not made an owner of the

company. Father is currently simply an employee. Father also owned a share of the

title company operated in conjunction with the mortgage business. Pursuant to the K-

1's Father owned 16% of the title agency. Father no longer has any ownership interest

in the title agency.

Father testified that he has no idea what his income will be in 2008. Father

testified that he has no idea of First Financial's earning potential.

3

` r .^i ... - . .

This Magistrate finds that the best predictor of Father's income for child

support purposes is his income for 2007 or $49,288.00. Undoubtedly the mortgage

industry has seen a dramatic decrease in the money earned by those in the business.

Undoubtedly Father had been earning substantial income in this industry. However,

there is no evidence before the Court to indicate that such income is continuing.

Therefore, this Magistrate feels constrained to find that Father's income for child

support purposes is $49,288.00.

Father testified that he has health insurance available to him through his

employment to cover the parties' minor child. Father had no information. concerning

the costs. As addressed below, Father will be ordered to maintain such health

insurance for the benefit of the parties' minor children however there is no deduction

on the worksheet as Father did not have that information at trial.

Mother is currently unemployed. Mother moved to Massachusetts in

September 2007. Mother testified that she moved and had a job but lost that job due to

numerous Court appearances here in Ohio. Mother moved to Massachusetts in order

to be closer to her boyfriend. Mother is currently residing in a home owned by her

boyfriend and she is rehabbing that home. Mother hopes to begin a photography

business.

Before leaving Ohio Mother had been working in Columbus, Ohio earning

$12.00 per hour for 45 hours per week. Mother had no daycare expenses as her

parents watched the parties' children.

Based upon all the evidence before the Court, this Magistrate finds that

Mother's income for child support purposes is $28,080.00 per year. Mother's decision

4

to move to Massachusetts was her choice. However, before leaving Mother had a job

fl and had no daycare expenses. Mother asserts that her parents will be moving the

5, North Carolina and, at that time, she would incur daycare expenses. However,

apparently Mother's parents have not yet moved to North Carolina and therefore at

the present time she would not have daycare expenses had she remained in Ohio.

Therefore, this Magistrate finds based upon all the evidence before the Court that

Mother is intentionally underemployed and the best evidence of her income for child

support purposes was her former employment.

Based upon the above findings and the attaclied child support worksheet and

effective October 16, 2007, Father shall pay child support to Mother in the amount of

$731.40 per month together with 2% processing for a total monthly obligation of

$746.03. Said payments shall be paid through the Warren County Child Support

Enforcement Agency ("CSEA") or the Ohio Child Support Payment Central. A wage

Withholding Order/Notice shall issue.

The monthly child support shall be discharged in equal amounts according to

the pay schedule of the Obligor but in no event less frequently than. once per month. If

payments are to be made other than on a monthly basis, the required administration

by the CSEA does not affect the frequency or the amount of child support payments to

be made under this order.

A separate list of child support provisions required by Ohio law (entitled

"Notifications") is attached and incorporated by reference as though fully rewritten

herein.

s

SUPPORT ARREARAGES

There may be support arrearages or overpayments in an undetermined amount.

The CSEA shall take administrative action to determine the account balance and

notify the parties of its determination. Any arrearages should be repaid by Obligor at

the rate of $146.28 per month, payable in the sam.e manner as current support (i.e.

weekly, bi-weekly, semi-monthly, monthly), plus 2% processing charge. All orders

pertaining to child support also apply to arrearage payments. The CSEA shall prepare

the appropriate withholding notice.

HEALTH CARE COVERAGE

Father shall maintain health insurance on the minor children of the parties

covered by this child support order, as set forth in the separately filed health insurance

order which is incorporated herein as if fully rewritten.

Mother shall pay the first $100.00 per year per child of uninsured medical,

dental, orthodontic, optical, psychological, or psychiatric expenses incurred per child

during a calendar year, including deductible and/or co-payments under the health

insurance plan for the children. Costs of uninsu_red medical, dental, orthodontic,

optical, psychological, or psychiatric expenses, including deductibles and/or co-

payments under the health insurance plan exceeding $100.00 per year per child shall

be paid by Mother 35% and by Father 65%.

All health insurance coverage maintained for the children under this order

must remain in effect until the Court finds that the child has emancipated. Any party

who is ordered to maintain health insurance and does not will be liable for any

expenses that the health insurance would have covered.

6

4;^{

TAX EXEMPTION

Based upon all the evidence before the Court as well as all the factors contained

in Ohio Revised Code Section 3119.82, effective tax year 2008 and each year thereafter

Mother shall be entitled to claim both children on her taxes. The evidence before the

Court indicates that Father exercises little parenting time and there is no evidence that

allocating the tax exemption to Father would benefit the parties' minor children.

This provision is subject to the Court's continuing jurisdiction and modification

upon a showing of changed circumstances. The parties shall execute any IRS

documents necessary to implement this provision.

Motion to Change Transportation filed February 19L2008 on behalf of Mother

Mother requests that his Court change the orders concerning payment of

transportation expenses necessary for Father to exercise parenting time. Mother

believed that father was relocating to Florida. Indeed, apparently Father represented

to his probation officer that he sought a move to Florida. At trial, however, Father

testified that he is not moving from the Cincinnati area. Therefore, as Mother's motion

is premature, it is denied.

COURT COSTS

Father shall pay any and all Court costs herein and shall pay such costs within

thirty (30) days of the mailing of a cost statement by the Clerk of Courts.

^

NOTICE TO ATTORNEYS AND PARTIESPursuant to Civil Rule 53(D)(3), the parties shall have fourteen (14) days from the date of filing

of this decision to file written objections with the Clerk of Court"s Office. The objections shall be

specific and state with particularity all grounds for objection. Any objection to a factual finding shall be

supported by a transcript of all the evidence submitted to the Magistrate relevant to that finding or an

affidavit of that evidence if a transcript is not available. A party shall not assign as error on appeal the

Court's adoption of any factual finding or legal conclusion of law unless the party has objected to thatfinding or conclusion as required by Civ.R. 53(D)(3)(b).

Fr ^,4

AGISTRATE YVONNE A. IVERSEN6^

`Hi-ID SUPPORT COMP^.^TAMON ^^PKSHEET SOLE RESEDENIV'AL PAIREN1-OF^

SHARED PAF^^^ ^ ^^^ G ORDER

Name of Parties: DinanCase No: 05DR29815Number of Minor Children: 2The following parent was designated as residential parent and legal custodian:

19 -.Mother ®- Fatherb

q - Shared

iNC®IIAEFATHER M 0'r H E €-?

Ia. Annual gross income from employment or, whendetermined appropriate by the Court or Agency, averageannual gross income from employment over a reasonableperiod of years. (exclude overtime and bonuses, selfemployment income, or commissions)

lb. Amount of overtime, bonuses, and commissionsFather Mother

Year. 3 (3 years ago) 0.00 0.00Year. 2(2 years ago) 0.00 0.00Year 1 (Last calendar year) 0.00 0.00

Average: 0.00 0.00

2. For self-employment income:a Gross receipts from business .........:.........

b Ordinary and necessary business expenses .................c 5.6% of adjusted gross income or the actual marginal

difference between the actual rate paid by the self-eniployed individual and the F.I.C.A. rate .......................

d Adjusted gross income from self-employment (subtractthe sum of 2b and 2c from 2a) ............... .............. .....a.

3

4.

(Include in Column I and/or Column II the average of thethree years or the Year 1 amount whichever is less, ifthere exists a reasonable expectation that the totalearnings from overtime and/or bonuses during the currentcalendar year will meet or exceed the amount that is thelower of the average of the three years or the Year 1amount. If, however, there exists a reasonableexpectation that the total earnings from overtime/bonusesduring the current calendar year will be less than thelower of the average of the three years or the Year 1amount, include only the amount reasonably expected tobe earned this year.) ..........................

Annual income from interest and dividends (whether ornot taxable) ....... ............................ ... ..... ......................

:,a^^y^np 46e^0MBINi<.t,3

^ ^ --- -^-^-.

4228.oD 28,^)Br^; Gr

rFir_ u^^ ^ OR

49,288.00 28,080.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

name: NONAN

0.00

0.000.00

0.00

0.00

0.00

0.00

0.00

Annual income from unemployment compensation........

5. Annual income from workers' compensation, disabilityinsurance benefits, or social security disability/retirementbenefits ...............................................: ...........................

]rather:, DINANIVlother. Case No.: 65DR29815

Date: 3/1012008

s^?' €,:^'^^^.^^^fiZ^^^'ô r k s h e eE -• P a g e 2

6. Other annual income (identify) ......................

Column lFATHER

0.00

CoEumn 11MOTHER

0.00

7. Total annual gross (add lines 1 a, 1 b, 2d, and 3- 6) ....... 49, 288. 00 28, 080 . o0

ADJUSTMENTS TO INCtaME

8. Adjustment for minor children born to or adopted by either f 1u7i=7fparent and another parent who are living with this parent;adjustment does not apply to step-children (number ofchildren times federal income tax exemption less child :'^`^"``^ âf `^support received, not to exceed the federaltax 4exemption)

..................... .. --................................ .. 0.000.00

9. Annual court-ordered support paid for other children ...:.0.00 0,00

10. Annual court-ordered spousal support paid to any spouseor farmer spouse............ . ................................................ 0.00 0.00

11. Amount of local income taxes actually paid or estimatedto be paid.

h C,;

^_

12. Mandatory work-related deductions such as union dues,uniform fees, etc. (not including taxes social security, orretirement) ............... .......

13 Total gross income adjustments(add lines 8 through 12)

14 Adjusted annual gross income subtract line 13 from line

15 Combined annual income that is basis for child supportorder (add line 14, Column I and Column II) ...................

16 Percentage of parent's income to total incomea Father (divide line 14, Column I, by line 15, Column 111)b Mother (divide linel4, Column II, by line 15, Column 111)

17 Basic combined child support obligation (refer toschedule, first column, locate the amount nearest to theamount on line 15, Column III, then refer to column fornumber of children in this family. If the income of theparents is more than one sum but less than another, youmay calculate the difference.)

...................................................................

18 Annual support obligation per parenta Father (multiply iine 17, Col, III, by line 16a) ..................b Mother (multiply line 17, Col 111, by line 16b) ...................

0.00 -0.00

0.00 0.00

0.00 0.00

49,288.00 28,080.00

63.710%

36.290%

CoIumn IIICOMBINED

77,368.00

i S Jf^

l l l ^ i I l i ff i f1l0 S, t Î^t ]f^^..°JVI i ^lE ^ îlli_ Il^, Iî 1f1L1 ,^^t11E:fÎL ^^ ^•..^^ î t_^1^1 ^ n,;r^,l Îf^

^:^ l 9^CLl^_lC'-' ihr uf{.f Cll('q --.fllCU!l1= Î_-Il hi^^;t Pllo (1 fOLV ^ i ^_ ^^j^

13,776.11

8,776.76

4,999.35

name: N

o-atYêr: DINANMother: Case No.: 050R29815

Date: 3/10/2008

3091 i or €arenti^ ^s^0.^ ^^`^;^t"^she°t „ Page 3

Co8urnn i COlumn If .v. ^ Cc^ûmn il8FATHiER MOTHER (COMBINED

19. Annual child care expenses for children who are thesubject of this order that are work- employment training-,or education-related, as approved by the court or agency(deduct tax credit from annual cost, whether or notclaimed)

a. Father ............................... ......b. Mother ................. ......._......... ... .............................:..........

20. Marginal, out-of-pocket costs, necessary to provide forhealth insurance for the children who are the subject ofthis order .......... ..................:. ......... . .................................

21. ADJUSTMENTS TO CHILD SUPPORTa. Father (only if obligor or shared parenting)

Additions: line 16a times sum of amounts shown on line19, Column It and line 20, Column li ......... ........... ..... .

b Mother (only if obligor or shared parenting)Additions: line 16b times sum of amounts shown on line19, Column I and line 20, Column I .................................

c Father (only if obligor or shared parenting)Subtractions: line 16b times sum of amounts shown online 19, Column I and line 20, Column I ......................

d Mother (only if obligor or shared parenting)Subtractions: line 16a times sum of amounts shown online 19, Column ii and line 20, Column li ........................

22. OBLIGATION AFTER ADJUSTMENTS TO CHILDSUPPORT

a. Father

Line 18a plus or minus the difference between line 21aminus line 21c ............................. ...: ..........:....................

b. MotherLine 18b plus or minus the difference between line 21 bminus line 21d ........................................ ........................

23. ACTUAL ANNUAL OBLIGATIONa (Line 22a or line 22b, whichever line corresponds to the

parent who is the obligor) ................. ...............................b Any non-means-tested benefits, including social security

and veterans' benefits, paid to and received by a child ora person on behalf of the child due to death, disability, orretirement of the parent .............................................. .....

c Actual annual obligation (subtract line 23b from line 23a)

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name:

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Father:,, DINANMother: Case 6Vo.: 05®R29s'i 5

Date: 3/10/2008

Sole ^?^^^si^ ^ ential Pari^ € Shared P:^r^^ i ^^ ^_^ ^ e^1$^^9 u^, ^,'^._^,r^:s^"^re"^ ry 4t

Co6urrn i CoIuinn 6^ ^^^^mn IliFATHER IViC.^THER -COMBINED

24a Deviation from sole residential parent support amountshown on line 23c if amount would be unjust orinappropriate: (see section 3119.23 of the revised code.)(specific facts and monetary value must be stated.)

b. Deviation from shared parenting order: (see sections3119.23 and 3119.24 of the revised code.) (specific factsincluding amount of time children spend with each parent,ability of each parent to maintain adequate housing forchildren, and each parent's expenses for children must bestated to justify deviation.)

Adjustment (+/-) of father ...................... ..........................Adjustment (+/-) of mother ..........................

25 FINAL FIGURE (This amount reflects final annual childsupport obligation: line 23c plus or minus any amountsindicated in line 24a or 24b .......................................

26. FOR DECREEChild support per month (divide Obligor's annual share,line 25, by 12) plus any processing charge.

Prepared by:

Counsel:(For mother/father)

CSEA:

Worksheet has been reviewed and agreed to:

Father DINAN

Mother

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Pro Se:

Other:

3/10/2008Date

3/10/2008Date

name:

N0TYFICATIONSRevised 10/01/07

SUPPOI.^T

IT IS ORDERED that the obligor is hereby restrained from making any paymentsdirectly to obligee. All current support payments and arrearage payments must be made throughthe Warren County Child Support Enforcement Agency or the Ohio Child Support PaymentCentral. Any payments not made in this manner shall be deemed a gift.

All child support and spousal support under this order shall be withheld or deducted fromthe wages or assets of the obligor pursuant to a withholding or deduction notice or appropriatecourt order issued in accordance with Chapters 3119, 3121, 3123 and 3125 of the Revised Codeand shall be forwarded to the obligee in accordance with Chapter 3121 of the Revised Code.

All child support and spousal support paid under this order shali include a two percent(2%) processing charge.

If child support arrearages are determined by the Court or the Child Support EnforcementAgency, repayment shall be at the rate of twenty percent (20%) of the current order, plus twopercent (2%) processing charge, absent any Court ruling as to a different repayment schedule.

IT IS ORDEI2ED that any income provider who receives a Notice to Income Provider toWithhold Obligor/Income/Assets from the Child Support Enforcement Agency mustimmediately commence withholding in the amount and manner directed in the notice. Anyincome provider who fails to comply with the notice is subject to a finding of contempt of Court.

IT IS ORDERED that support payments shall be forwarded to the Ohio Child SupportPayment Central, P.O. Box 182372, Columbus, Ohio 43218. Until such time as the Notice toIncome Provider To Withhold Income/Assets becomes effective, the obligor shall be responsibleto make the appropriate payments directly to the Ohio Child Support Payment Central bycertified check, cashier's check, or money order only. Cash .Paymeiits may be made to theWarren County Child Support Enforcement Agency, 500 Justice Drive, Lebanon, Ohio 45036.

Child support for each child shall continue until that child reaches the age of eighteen andpursuant to O.R.C. §3103.03 no longer continuously attends on a full-time basis any recognizedand accredited high school, is otherwise emancipated, or unless otherwise ordered by the Court.Notwithstanding the foregoing, except in cases in wllioh a child support order requires the dutyof support to continue for any period after the child reaches age nineteen, the order shall notremain in effect after the child reaches age nineteen.

The Court retains jurisdiction to address the issue of support and enter an order at anytime in the future upon motion of either party based on changed circumstances. The Court alsoretains jurisdiction to enter a support order in the future at any time as either party may requestand receive any public assistance for a child or children herein.

I Notifications Page

It is further ORDERED that the obligee shall notify the Warren County Child SupportEnforcement Agency, 500 Justice Drive, P.O. Box 440, Lebanon, Ohio 45036-0440, in writing,of any change in the status of the minor child(ren) of the parties which would terminate the dutyof obligor to pay any portion of the child support order. In the event of a reconciliation orremarriage of the parties, both parties are also required to notify the Warren County ChildSupport Enforcement Agency in writing of such a change. The parties are hereby ordered tonotify the Warren County Child Support Enforcement Agency in writing of any change of his orher current mailing or residence address, or change of name. Willful failure to provide a changeof address to the C.S.E.A. is contempt of Court. The obligor shall notify the Warren CountyChild Support Enforcement Agency in writing immediately upon any change of employment.This duty to notify shall continue until further order of the Court.

EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILDSUPPORT ENFORCEIVIENT AGENCY IN WRITING OF HIS OR HER CITR.RENTMAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCETELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NI.r.NIBER., ANI9 OF ANYCHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY TFIE AGENCYOF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY,WHICHEVER ISSUED THE SUPPORT ORDER. IF YOU ARE THE OBLIGOR UNDERA CHILD SUPPORT ®RI)ER. AND YOU FAIL TO MAKE THE REQUIRED

NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, $100FOR A SECOND ®FFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. IF YOUARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED BY ACOURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, YOUMAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UI' TO$1,000 AND IMPRISONILIEI\TT FOR NOT MORE THAN 90 DAYS.

IF YOU ARE AN OBLIGOR ANI? YOU FAIL TO GIVE THE REQUIREI)NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE I+®LLOWI11IGENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINSTY()UR FI"I'EI`TY; LOSS ;IF YDUR I'I^OFr SSTONAT OR OCCTTFATIONALLICENSE, DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDINGFROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOURACCOUNTS IN FINANCIAL INSTITUTIONS; AND ANY OTHER ACTIONPERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO SATISFY YOURSUPPORT OBLIGATION.

It is further ORDERED that if you are a residential parent, or if you participate in ashared parenting plan, and intend to move, you MUST file a "Notice of Intent to Relocate" (DR

Form 8) with the Court. DR Form 8 must be filed at least 30 days prior to a move within WarrenCounty and 60 days prior to a move out of Warren County. A copy of this notice shall be mailedto the non-moving party. Any party receiving such a notice may request that a hearing beconducted to readjust the allocation of parental rights and responsibilities.


A residential parent shall not remove the children from the state of Ohio for the purposeof establishing residency for them in another state without either (1) a court order approvingsuch change and establishing a parenting schedule or (2) an agreement signed by the parties.

HEALTH INSURANCE AND EXPENSES

The person required to provide health insurance coverage shall designate the parties'minor children as covered dependents under any health insurance policy, contract, or plan forwhich that party contracts no later than thirty (30) days after issuance of this order. Writtenverification of compliance with this order must be provided to the Warren County Child SupportEnforcement Agency at P.O. Box 440, 500 Justice Drive, Lebanon OH 45036 immediately, but

no later than thirty (30) days after complying with this order.

The requirement to obtain health insurance for the parties' minor children under thisorder cannot be fulfilled through enrollnient in the Medicaid system and such enrollment mayrequire the Warren County Child Support Enforcement Agency to take action to modify your

child support and/or health insurance orders.

If health insurance coverage for the parties' minor children is not presently available at areasonable cost through. a group policy, contract, or plan offered by either party's employer orthrough any other group policy, contract, or plan available to either party, and if health insurancecoverage for the parties' minor children becomes available later at a reasonable cost, the personto whom the coverage becomes available shall obtain health insurance and inform the ChildSupport Enforcement Agency in writing within thirty (30) days. "Reasonable cost" for thesepurposes is defined as seven percent (7%) or less of a parent's annual gross income as identified

on the child support computation worksheet accompanying this order.

The persozi required to provide health insurance coverage shall provide the other partywith all information regarding the benefits, limitations, and exclusions of the coverage, copies ofany insurance forms necessary to receive reimbursement, payment, or other benefits under thecoverage, and a copy of any necessary insurancP cards no later than thirty (30) days after the

issuance of this order.

The individual who is to be reimbursed for out-of-pocket medical, optical, hospital,dental, or prescription expenses paid for the parties' minor children is the person who incurredthe expense. Absent unusual circumstances, or court order to the contrary, request forreimbursement of health care expenses should be made within tliirty (30) days of the date whenpayment is made or due. Reinibursement should be made within thirty (30) days of the request.

Nothing contained in this order prevents the heath plan administrator that provides thehealth insurance coverage for the children from continuing to make payment for medical, optical,hospital, dental, or prescription services directly to any health care provider in accordance with

the applicable health insurance policy, contract, or plan.

Pursuant to Ohio Revised Code Section 3119.56, an obligor or obligee who fails tocomply with a child support order issued in accordance with Section 3119.30 of the Revised


Code is liable to the other for any medical expenses incurred as a result of the failure to comply

with the order.

Upon written request, an employer of any person required to obtain. health insurancecoverage is required to release to the other parent, any person subject to an order issued underSection 3109.19 of the Revised Code, or the Child Support Enforcement Agency, any necessaryinformation on the health insurance coverage, including the name and address of the healtli planadministrator and any policy, contract, or plan number, and to otherwise comply with Section3119.32 of the Revised Code and any order or notice issued under this section.

If the person required to obtain health insurance coverage for the children subject to thischild support order obtains new employment, the agency shall comply with the requirements ofSection 3119.34 of the Revised Code, which may result in the issuance of a notice requiring thenew employer to take whatever action is necessary to enroll the parties' minor children in healthinsurance coverage provided by the new employer.

If the court determines that the parent who is not the residential parent and legalcustodian may claim the children as dependents for federal income tax purposes, the residentialparent is ordered to take whatever action is necessary pursuant to section 152 of the "InternalRevenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended, to enable the parent who isnot the residential parent and legal custodian to claim the children as dependents for federalincome tax purposes. Any willful failure of the residential parent to comply with the order of the

court is contempt of court.


^.

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C LJ T OF COMMON PLEAS


SARAH DINAN,Plaintiff,

-vs-

ADAM DINAN,Defendant.

))))

)

)

)

Case No. 05DR29815

INSTRUCTIONS TO THE CLERK FOR SERVICE OFMAGISTRATE'S DECISION or MAGISTRATE'S ORDER

PURSUANT TO CIVIL RULE 53

{ X} Serve the following attorney(s) Andrea Hicks and Joseph Matejkovic

COPIES SENT^ ^-- o ^ - OJI

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MAGISTRATE YVONNE A. IVERSEN4^

sry ;^,y IIV .^tiL CUUR'I'Ut' C;OMM®X FLEAS

STATE OI,! OHIu (or) ) jAIL COMMITMENT

cASENOo 4?0 a 6° bRPlaintiff/Petitioner I,

SE'I'S NO.

-vs-/and

Defendant/Petitioner JI.

r

j°^^^^-•d^'3^ ^+a:.^r i .^^^^ .

TO THE KEEI'E^.Z OF THE WAI2RE, N COUNTY JAIL:In the narne of the State of Ohio, you are commanded to receive the said^^^ z^^^;^into your custody in the jail of the coLmty a:foresaid, and there to remain,

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6.

Until said bond in the amount of $ is posted for appearance:Until aforesaid posts with the Clerk a own recognizance bond.Until said fine in the sum of $ is paid.Case continued, no change, aforesaid to remain in jail.Aforesaid may be released now, this release applies only to this case anddoes not act as a release for any other holder or warrant%capias.Until transferred to:

7. For a period of^days in the Warren County Jail.qCred.it for time served: days,qL7ays suspended: davs.

^Work release allowed, subject to the discretion of the CommunityCorrections officers.

3. Time servers to report on this__ day of __ , G0

20 at • a.nl./p.m,

Witness my hand and seal of said Court this ^ day of 20 u

Aforesaid anpeared for (Charge/Revised Code Number): (65 i

Present:

1)4JATTORINEY ^^ Representing WCCSEA^f ATTORNEY - Representing Plaintiff/Petitioner I^ATTORNEY ; s^ Representing Defendant/Petitioner II

Becisions/Orders: t,, -^-^ ----- - -

Scheduled for further hearing onb efore

Distribution:y ` VYTarren County Jail -YComnlunity Correctioz,7CSEA Assignnnent ConunissionerOCSEA Assistant ProsecutorNPlaintiff/Petitioner I efendant/Petitioner II^ IJtTVenile Office W

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STATE OF OHIO (or)

1N'I.ti.E COURT OF COMMON PIJEA.S---V=•.-

Plaintiff/Petitioner I,

-vs-/and

A&am bo-aoDefendant/Petitioner II.

^ ^:•' jAIi=, COMMITMENT

1 2,`:^C'ASENO.-^^0 5- 1^^ ,:I?q 0^. , . . . . . . .

^ J4ZSETS NO.'i ^.1ii. L3 .

TO THE KEEPER OF THE WARREN COUNTY JAIL: IIn the name of the State of Ohio, you are commanded to receive the said___ L W^ a4140=ninto your custody in the jail of the county aforesaid, and there to remain,

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Until said bond in the amount of $ is posted for appearance.2. Until aforesaid posts with the Clerk a own recognizance bond.3. Until said fine in the sum of $ is paid.4. Case continued, no change, aforesaid to remain in jail.5. Aforesaid may be released now, this release applies only to this case and

does not act as a release for any other holder or warrant/capias.6. Until transferred to:7. For a period of 1S days in the Warren County Jail.

qCredit for time served: days,qDays suspended: days.

^Work release allowed, subject to the discretion of the CommunityCorrections officers.

8. Time servers to report on this day of , 20 at _ a.m,/p:m

Witness my hand and seal ofsaid Court this ^^ day of &W^0, r , 20(7`

Aforesaid appeared for (Charge/Revised Code Number): - ' ^ ^3-----`

Present:

Representing WCCSEA1 1 vxtvhY Representing Plaintiff/Petitioner ITTORl^TEY Representing Defendant/Petitioner II

^ / • ^Decisions/Orders: K-e 0 C=` :1-6 J k ^ 3 Li 9 /y 6 at ' o o A,M • ^ (x N 4U1

Scheduled for further hearing onbefo.re

Dis$ribution:Warren County Jai3 ^Community Conections

qCSEA Assignment ConunissionerOCSEA Assistant Prosecutor

Plaintiff/Petitioner I Oefendant/Petitioner III,luvenile Offrice>liol. °v ot;; c

, 20 at : a.m./p.m.

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IN THE COURT ®N, COMMON PLEAS

WARREN COUNTY, OHIO


SARAH DINAN )

Plaintiff )

vs. )

ADAM DINAN

Defendant

)

)

CASE NO. 05DR29815Judge Tim Oliver

ENTRY

^^4 177

It has come to the attention of the Court that Husband has now paid

$6,200.00 to the appropriate parties. The Court will suspend his jail commitment

on condition that Husband pay all current support when due. This matter will

come on for review on the 17th day of June, 2008 at 9:30 a.m.

-^ " -^....JLJDGE TIM OLIVER

c.Andrea Hicks, Esq.Joseph Matejkovic, Esq IIIIId 9 ^ ^1 i1^ 4 ^',I Ip^Ptlq Vlllll& ^^ ^!II

•a `

WARREN COUNTY, OHIOCOMMON PLEAS COURT


SARAH DINAN860 HUNTINGTON DRIVEFISHKILL, N^.' 12524DOB: 08/20/1975

Plaintiff,

-vs-

ADAM DINAN2149MAPLEW®®D DRIVECOLUMBUS, OR 43229^29 W. 14 ' STREETNEWPORT, KY 41071DOB: 09/19/1973

Defendant.

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CASE NO. 05-DR-29815SETS NO. 7057509163

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ENTRY APPROVING" ADMINISTRATIVE

HEARING DECISION^

An Administrative Hearing Decision Regarding Modification having been filed herein on

June 27, 2012, and no obiections to the Decision having been filed within fifteen (15) da s from

that date, the Court orders the Decision adopted as a permanent judgment of this Court.

NOTIFICATIONSRevised 01-01-09

SUPPORT

IT IS ORDERED that the obligor is hereby restrained from making any payments directly to obligee. Allcutrent support payments and arrearage payments must be made through the A%arren County Child SupportEnforcement Agency ("CSEA") or the Ohio Child Support Payment Central ("OCSPC"). Any payments not made inthis manner shall be deemed a gift.

All child support and spousal support under this order shall be withheld or deducted from the wages orassets of the obligor pursuant to a withholding or deduction notice or appropriate court order issued in accordancewith Chapters 3119, 3121, 3123 and 3125 of the Ohio Revised Code ("ORC") and shall be forwarded to the obligeein accordance with Chapter 3121 of the ORC. =-^ <.,

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^ '._ ^

charge. All child support and spousal support paid under this order shall include a two percent (2%) processing

If child support arrearages are determined by the Court or the CSEA, repayment shall be at the rate oftwenty percent (20%) of the current order, plus two percent (2%) processing charge, absent any Court ruling as to adifferent repayment schedule.

Any income provider who receives a Notice to Income Provider to Withhold Obligor/Income/Assets fromthe CSEA must immediately commence withholding in the amount and manner directed in the notice. Any incomeprovider who fails to comply with the notice is subject to a fmding of contempt of Court.

Support payments shall be forwarded to the OCSPC, P.O. Box 182372, Columbus, Ohio 43218. Until suchtime as the Notice to Income Provider To Withhold Income/Assets becomes effective, the obligor shall beresponsible to make the appropriate payments directly to the OCSPC by certified check, cashier's check, or moneyorder only. Cash payments may be made to the Warren County CSEA, 500 Justice Drive, Lebanon, Ohio 45036.

Child support for each child shall continue until that child reaches the age of eighteen and pursuant to ORC§3103.03 no longer continuously attends on a full-time basis any recognized and accredited high school, is otherwiseemancipated, or unless otherwise ordered by the Court. Notwithstanding the foregoing, except in cases in which achild support order requires the duty of support to continue for any period after the child reaches age nineteen, theorder shall not remain in effect after the child reaches age nineteen.

The Court retains jurisdiction to address the issue of support and to enter an order at any time in the futureupon motion of either party based on changed circumstances. The Court also retains jurisdiction to enter a supportorder in the future at any time as either party may request and receive any public assistance for a child or childrenherein.

The obligee shall notify the Warren County CSEA, 500 Justice Drive, P.O. Box 440, Lebanon, Ohio 45036-0440, in writing, of any change in the status of the minor children of the parties which would terminate the duty ofthe obligor to pay any portion of the child support order. In the event of a reconciliation or remarriage of the parties,both parties are also required to notify the Warren County CSEA in writing of such a change. The parties are herebyordered to notify the Warren County CSEA in writing of any change of his or her current mailing or residenceaddress, or change of name. Willful failure to provide a change of address to the CSEA is contempt of Court. Theobligor shall notify the Warren County CSEA in writing immediately upon any change of employment. This duty tonotify shall continue until further order of the Court.

EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORTENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENTRESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NGTMBER, CURRENT DRIVER'SLICENSE NUMBER, AND OF ANY CHANGES IN THAT INFORMATION. EACH PARTY MUSTNOTIFY THE AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT ORAGENCY, WHICHEVER ISSUED THE SUPPORT ORDER. IF YOU ARE THE OBLIGOR UNDER ACHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU MAYBE FINED UP TO $50 FOR A FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACHSUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDERISSUED BY A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, YOU MAYBE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO $1,000 ANDIMPRISONMENT FOR NOT MORE THAN 90 DAYS.

IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED NOTICES, YOU MAYNOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS AGAINST YOU:IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF YOUR PROFESSIONAI. OROCCUPATIONAL LICENSE, DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDINGFROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS INFINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAINMONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION.

If you are a residential parent, or if you participate in a shared parenting plan, and intend to move, youMUST file a "Notice of Intent to Relocate" (DR Form 8) with the Court. DR Form 8 must be filed at least 30 daysprior to a move within Warren County and 60 days prior to a move out of Warren County. A copy of this noticeshall be mailed to the non-moving party. Any party receiving such a notice may request that a hearing be conductedto readjust the allocation of parental rights and responsibilities.

A residential parent shall not remove the children from the state of Ohio for the purpose of establishingresidency for them in another state without either (1) a court order approving such change and establishing aparenting schedule or (2) an agreement signed by the parties.

If the court determines that the parent who is not the residential parent and legal custodian may claim thechildren as dependents for federal incoine tax purposes, the residential parent is ordered to take whatever action isnecessary pursuant to §152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended, toenable the parent who is not the residential parent and legal custodian to claim the children as dependents for federalincome tax purposes. Any willful failure of the residential parent to comply with the order of the court is contemptof court.

HEALTH INSURANCE AND EXPENSES

The person required to provide health insurance coverage shall designate the parties' minor children ascovered dependents under any health insurance policy, contract, or plan for which that par-ty contracts no later than30 days after issuance of this order. Written verification of compliance with this order must be provided to theWarren County CSEA at P.O. Box 440, 500 Justice Drive, Lebanon OH 45036 immediately, but no later than 30days after complying with this order.

The requirement to obtain health insurance for the parties' minor children under this order cannot befulfilled through enrollment in the Medicaid system and such enrollment may require the Warren County CSEA totake action to modify your child support and/or health insurance orders.

If health insurance coverage for the parties' minor children is not presently available at a reasonable costthrough a group policy, contract, or plan offered by either party's employer or through any other group policy,contract, or plan available to either party, and if health insurance coverage for the parties' minor children becomesavailable later at a reasonable cost, the person to whom the coverage becomes available shall obtain health insuranceand inform the CSEA in writing within 30 days. "Reasonable cost" for these purposes is defined as 5% or less of aparent's annual gross income as identified on the most recently filed child support computation worksheet.

The person required to provide health insurance coverage shall provide the other party with all informationregarding the benefits, limitations, and exclusions of the coverage, copies of any insurance fornis necessary toreceive reimbursement, payment, or other benefits under the coverage, and a copy of any necessary insurance cardsno later than 30 days after the issuance of this order.

The individual who is to be reimbursed for out-of-pocket medical, optical, hospital, dental, or prescriptionexpenses paid for the parties' minor children is the person who incurred the expense. Absent unusual circumstances,or court order to the contrary, request for reimbursement of health care expenses should be made within 30 days ofthe date when payment is made or due. Reimbursement should be made within 30 days of the request.

Nothing contained in this order prevents the heath plan administrator that provides the health insurancecoverage for the children from continuing to make payment for medical, optical, hospital, dental, or prescriptionservices directly to any health care provider in accordance with the applicable health insurance policy, contract, orplan.

Pursuant to ORC §3119.56, an obligor or obligee who fails to comply with a child support order issued inaccordance with §3119.30 of the ORC is liable to the other for any medical expenses incurred as a result of thefailure to comply with the order.

Upon written request, an employer of any person required to obtain health insurance coverage is required torelease to the other parent, any person subject to an order issued under §3109.19 of the ORC, or the CSEA, anynecessary information on the health insurance coverage, including the name and address of the health planadministrator and any policy, contract, or plan number, and to otherwise comply with §3119.32 of the ORC and anyorder or notice issued under this section.

If the person required to obtain health insurance coverage for the children subject to this child support orderobtains new employment, the agency shall comply with the requirements of §3119.34 of the ORC, which may resultin the issuance of a notice requiring the new employer to take whatever action is necessary to enroll the parties'minor children in health insurance coverage provided by the new employer.

HEALTH INSURANCE & CASH MEDICAL SUPPORT

If private health insurance is accessible and reasonable, in accordance with ORC §3119.30, it is herebyORDERED that, no later than 30 days after the issuance of this support order, such parent shall obtain and maintainprivate health insurance for the children covered by this order and that parent shall hereafter be referred to as theHealth Insurance Obligor.

If private health insurance is not accessible and/or not reasonable in cost or becomes inaccessible orunreasonable in cost, in accordance with ORC §3119.30(C), the parent ordered to pay child support shall also payCash Medical Support during the period in which the children covered by this order are not covered by private healthinsurance.

The Cash Medical Support Order becomes effective on the first day of the montlz immediately following themonth in which private health insurance coverage that had been in effect for the children becomes unavailable orterminates. 'The obligation to pay the Cash Medical Support Order shall stop on the last day of the monthinunediately preceding the month in which private health insurance coverage begins or resumes.

If private health insurance coverage for the children covered by this order becomes available to eitherparent through any group policy, contract or plan, that parent shall immediately inform the CSEA of the availablecoverage.

If the CSEA determines that private health insurance coverage is accessible and reasonable in cost,the CSEA shall notify both parties that the person to whom the coverage is available is now the Health InsuranceObligor and is ordered to obtain and maintain private health insurance for the children covered by this order and tomeet the requirements identified under the "Notice to the Health Insurance Obligor," to be issued by the CSEA,without an additional order or hearing.

All other orders of this Court remain in full force and effect except as modified herein.

Sat°ah C. McMahon, Reg. #0088284Assistant Prosecuting Attorney

AMM, Warren County C.S.E.A. JUDGE TINiER

cc: Adam Dinan, ObligorSarah Dinan, Obligee

LMD

Sl^anned By: Ashley Millwee 6/20/2012 10°18:16 AM

-t ,

WARREN COUNTY, OHIOCOMMON PLEAS COURT


SARAH DINAN

Plaintiff,

vs.

ADAM DINAN

Defendant.

x*^^^

^^^*^^*

^^^'^4; ::.

-^ rCL

Ts

Administrative Hearing OfficerKaren 8.13ove

Case No. 05-DR-29815C.B.E.A.19ro* 70575109163

Aaiarainistrativo Hearing

Ileeision Regarding Modification

At the request of Adam Dinan, the Warren County C.S.E.A conducted an Administrative Hearing onTuesday, June 19, 2012 pursuant to O.R.C, 3119.63(E) concerning the C.S•E.A,'s Administrative AdjustmentRecommendation filed May 22, 2012.

The Hearing Officer notes that Adam Dinan objected as he feels the figures for his income used in theadministrative adjustment recommendation were incorrect.

The Hearing Officer finds the objection to the Administrative Adjustment Recommendation to be welltaken as Adam Dinan brought in a second copy of his tax return for 2011 for the hearing, showing a change inexpenses for his self-employment. Therefore, the Hearing Officer makes the following findings and orders.

The Hearing Officer finds the parties have two children, nantely, Alexander S. Dinan, DOB: 01/08/1999;and Luke J. Dinan, DOB: 01/09/2003,

%aes

The Mother earns a yearly income of $42,024,00 for calculating purposes. Credit is given for healthinsurance expenses.

The Father earns a yearly income of $62,319,00 for calculating purposes. Credit is given for self-employment tax,

The Hearing Officer finds that it is appropriate to modify the support and health care orders herein asrecommended by the Warren County CSEA.

""'*p t;;, ;;•;t ,^.^'..': • ,,

Scanned By: Ashley Millwee 6120/2012 10:18:18 AM

CURRENT SUPPORT

After a review of the Basic Child Support Schedule (ORC 3119.01 et seq.), the Worksheet (attached), andthe other evidence, the Administrative Hearing Officer finds that it is in the children's best interest that Sarah Dinanshall pay support as follows:

Private Health Insurance IS Private Health Insurance is NOTProvided Provided

Current Support $1,177.60 $741.22Support Arrearage $234.32 $234.32Cash Medical Support $0.00 $164.00Processing Charge $28.12 $22,79TOTAL $1,434,04 $1,162.33

Because Private Health Insurance is provided, your total monthly child support is the amount shown in the"Private Health Insurance IS Provided" column above. This order is effective May 01, 2012. This amount willcontinue for all months that private health insurance is providede When private health insurance is no longerprovided, the total monthly child support payment will be the amount shown in the "Private Health Insurance isNOT Provided" column above.

Deviation

The Hearing Officer finds that the child support order is not a deviation from the child support guidelines.

Cash Medical Support

The Cash Medical Support Order becomes effective on the first day of the month immediately followingthe month in which private health insurance coverage that had been in effect for the child becomes unavailable ortcrminates. The Obligation to pay the Cash Medical Support Order shall cease on the last day of the monthimmediately preceding the month in which private health insurance coverage begins or resumes.

The monthly child support shall be discharged in equal amounts according to the pay schedule of Parentordered to pay support, but in no event less frequently than once per month. Ifpayments are to be made other thanon a monthly basis, the required administration by the Child Support Enforcement Agency (hereinafter C.S.E.A)does not affect the frequency or the amount of the child support payrnents to be made under this order. Eachwithholding notice shali be for the current child support, current cash medical support, any arrearage paymentrequired under the court order and processing charges.

lHealth Insurance Order

Because private health insurance is accessible and reasonable, in accordance with ORC section 3119,30 itis hereby ORDERED that, no later than thirty days after the issuance of this support order, Sarah Dinan shall obtainand maintain private health insurance for the child named above and shall hereafter be referred to as the HealthInsurance Obligors.

If private health insurance coverage for the child named above becomes available through any grouppo]icy, contract or plan available to the Mother, Father, or both parents, they shall immediately inform the Court orCSEA of the available coverage.

If the CSEA determines that the private health insurance coverage is accessible and reasonable in cost, theCSEA shall notify both parties that the person to whom the coverage is available is now the Health InsuranceObligor and is ordered to obtain and maintain private health insurance for the child named above and to meet therequirements identified under "Notice to the Health Insurance Obligor" without and additional order or hearing.

S cantled By: Ashley (Vfillwee 6/20/2012 10:18:21 AM

g2estaonsibility for Uncovered Healthcare Expenses

That ObJigor, Adam Dinan, shalt pay 58% and Obligee, Sarah Dinan, shall pay 42% of the costs of the

health care needs of the child named above: (a) when private health insurance coverage is not available or is notbeing provided in accordance with the support order, those costs that exceed the amount of cash medical support

ordered to be paid, if any, OR (b) when private health insurance coverage is being provided in accordance with the

support order,

All other orders of this Court remain in full force and effect except as modified herein.

Notice of Right to Obiected and Continuintr Suuport Ob6aEations

The Parties may object to this decision by filing a motion with the Courk or objection with the CSEA,within 14 calendar days after the issuance of the decision, If neither par.ry ftles the tnotion or objection within the 14calendar day period, the Administrative Hearing Decision will become final. The Decision will be filed with theCourt. The parties shall take notice that the Court inay address the amount of the continuing support obligation forany remaining children under this support order. The insurance costs and proof of coverage as well as any child carecosts for other minor children of this case. THE PERSON WHO FILES A MOTION WITH THE COURT OROBJECTION WITH THE CSEA MUST IMMEDIATELY DELIVER A COPY TO THE WARREN

COUNTY CSEA.

*S,ve,Kareeasing ®fficer

The current addresses and dates of birth of the parties are:

Mother: SARAH DINAN860 HUNTINGTON DRIVEFISHKILL, NY 12524DOB: 08I20I1975

Father: ADAM DINAN2149 MAPLEWOOD DRIVECOLUMBUS, OH 43229and29 WEST 1.4" STREETNEWPORT, KY 41071DOB: 09/19/1973

The following people were present in the Administrative Hearing:

Adam DinanSarah Dinan, via telephone (8451897-2949)Ashley Milwee, and testified to the information in the recommendation

cc: Sarah Dinan,Adam Dinan,Warren County Clerk of Dornestic Relations Court,AMM, Warren County CSEA

5canned By: Ashley Millwee 6/20/2012 10:18:24 AN!

OBJECTION TO ADMINISTRATIVE HEARING DECISION REGARDINGMOI l I I.+ I C A' I' I(} N

Again, the Parties may object to this decision by filing a motion with the Court, orobjection with the CSEA, within 14 calendar days after the issuance of the decision. If neitherparty files the motion or objection within the 14 calendar day period, the Administrative HearingDecision will become final. The Decision will be filed with the Court. THIS FORM MUST BEDELIVERED TO THE WARREN COUNTY CSEAs

I hereby object to the Administrative Hearing Decision Regarding Modification for the reason{s}stated below:

Print Name:

Address:

Phone No:

Signature:

Date:

Case No:

SETS No:

0S-DR-2981 S

7057509163

anned By: Ashley Millwee 6/20/2012 10:18:27 AM

Use this annual gross income,

O.QO 42,024.00OR

Annualize gross income using YTt7;a . El ,

CHIL® ^1^PPOR`T COMPUTATION WORt^CSHEE`T SC9LE RESIDENTIAL PARENT. OR

SHARED 'PARENTING ORDER

Name of Parties (Enter Father First): ADAM ®INAh!, SARAH DI NANCase No: 7057509163 / 05DR29815Number of Minor Children: 2The following parent was designated as residential parent and legal custodian:

®- Mother 0 - Father ®- Shared If Shared, Obligor is Ll-Ntother; 0-FatherColumn I Cia6umn II C011FATHER MOTHER . C0.fV

INCOME

1a Annual gross income from employment or, whendetermirted appropriate by the Court or Agency,average annual gross income from employmentover a reasonable period of years. (exclude overtimeand bonuses, self employment income, orcommissions)

19i

: Date0100 .. 0.00 ' :Arnount

Use These Codes Below. ®=DaRly; W=vVeekly; B=Biweekly;S=Semimonthly; M=Mon.thly; Q=fluarterly;.2=Biannualty '

0.00

lb Amount of overtime, bonuses, and commissionsFather Mother

Year, 3 (3 years ago) 0.00 0.00Year. 2 (2 years ago) 0.00 0.00Year 1(l:ast calendar year) 0.00 0.00Average: 0.00 0.00

(include in Column I and/or Column 11 the average ofthe three years or the Year 1 amount whichever isless, if there exists a reasonable expectation that thetotal earnings from overtime and/or bonuses duringthe current calendar year will meet or exceed theamount that is the lower of the average of the threeyears or the Year 1 amount. If, however, there existsa reasonable expectation that the total earningsfrom overtime/bonuses during the current calendaryear will be less than the lower of the average of thethree years or the Year 1 amount, include only theamount reasonably expected to be earned thisyear.) ......................................................................

2 For self-employment income:a Gross receipts from business ..................................b Ordinary and necessary business expenses........ ...c 5.6% of adjusted gross income or the actual

marginal difference between the actual rate paid bythe self-employed individual and the F.I.C,A. rate,..

d Adjusted gross income from seif-employment(subtract the sum of 2b and 2c from 2a) .................

42,024.00

c"7

^~(•^

^ ..^ .

c.n =^

0.00

138,720.0076,401.00

3,489.86

58,829.14

name: DINAN rJINRN.4VRs

0.00

0.000.00

0.00

0.00

N

^

c1'sca

•^f~

s.., ,

11- y s ey t wee 6/20/2012 90:18:30 AM

^ ,.

Father: ADAM DINAN case No.: 7057809163108DR29815

Mother: SARAH DINAN Date: 611912012

,;SoIe Res9dential Parent or Shared Parereting.Worksh6el'- P^g^ 2

3 Annual income from interest and dividends (whetheror not taxable) ........ ......... ......... ..,.......... ..................

4 Annual income from unempBoyment compensation

5 Annual income from workers' compensation,disability insurance benefits, or social securitydisability/retirement benefits ....................................

6 Other annual Income (identify) ................................

7a Total annual gross income (add lines 1a, 1b, 2d, and3 6) ........................................................................

7b Health insurance maximum ( multiply line 7a by 5%)Annual Contributing Cost Differential (see Line 7b helptopic for more tnformation)

ADJUSTMENTS TO INCOME

8 Adjustment for minor children born to or adopted byeither parent and another parent who are living withthis parent; adjustment does not apply tostepchildren (number of children times federalincome tax exemption less child support received,not to exceed the federal tax exemption)

9 Annual court-ordered support paid for other children

10 Annual court-ordered spousal support paid to anyspouse or former spouse ........................................

11 Amount of local income taxes actually paid orestimated to be paid.

12 Mandatory work-related deductions such as uniondues, uniform fees, etc, (not including taxes, socialsecurity, or retirement) ............................................

13 Total gross income adjustments (add lines 8 through12) ^ ................................................................................

14a Adjusted annual gross income (subtract line 13 fromiine 7a) .........................................................................

I!7l^B ^ ^®[l.181"I1'^ .S{

^iER- rtt[OTtiER

0.00 0.000>00 0.00

^olua»'r^ t.6^

0.00

0.00

42,024.002,101.20

0:00

0.00

0.00

58,829.14

0.00

rai tax.exemption s®e reta3,800.00

ort received:0:00 -0.00

0.00

0.000.00

0.00

0.00

some tax:42i024.00

0 A00%0,00

0.00

0.00

42,024.00

0.00

ata4 wages subject68,829.14

srcentage to alaply,0.000%

0.00

0.00

0.00

58,829.14

name: DINAN D iNAi4. W R6

^canne y: s ey illwee 6/20/2012 10: t 8:33 AM

^ V ..

Father: ADAM DINAN Case No.: 7057509163105DR29815Motfter: SARAH DINAN Date: 6119d2012

S c^l^:êsidentia â parent ot^ Shared Parent! hg : ®rksheet - Page 3

Goi^tîn 1, Cofumn.11 G®lurt^n l66F^4TFIEW ` . fVt^7°HER ^îld^^f^l^t^

14b Cash medical support maximum (If the amount on line 7a,Col 1, is under 150% of the federal poverty level for anindividual, enter $0 on line 14b, Col 1. If the amount on line7a, Col I, is 150% or higher of the federal poverty level for Numian individual, multiply the amount on line 14a, Cci 1, by 5%and enter this amount on line 14b, Col i. tf the amount online 7a, Col 11, is under 150% of the federal poverty level fo Fedeian individual, enter $0 on line 14b, Col !i, If the amount online 7a, Col II, is 150% or higher of the federai poverty levefor an individual, multiply the amount on line 14a, Col 11, by 150oa5% and enter this amount on iine 14b, Col li.)

HHS Fôverty Guidelines

1.. .,_^

11.17

............................................................................... 2,941.46 2,101.2015 Combined annual income that is basis for child

support order (add line 14a, Col I and Col li) .......... 100,863.1416 Percentage of parent's income to total incomea Father (divide line 14a, Coi I, by line 15, Col ll!) ..... 58.330%b Mother (divide linel4a, Col Il, by line 15, Col Ill) .... 41,6f0p/a

17 Basic combined child support obligation (refer to Choose from the following statutDry methods for selecting anschedule, first column, locate the amount nearest to amount from the support table when the.combined.annualthe amount on line 15, Column 111, then refer to income falls between table increments,column for number of children in this family, If the AU Am+aunt frarri nezt lovder row oftableincome of the parents is more than one sum but less Ceiculate the difference (lriterpolate table values)than another, you may calculate the difference.) Amount'from neait higher row of table

18 Annual support obligation per parenta Father (multiply line 17, Col. Ili, by line 16a) .......,...b Mother (multiply line 17, Col lii, by line 16bj........,...

19 Annual child care expenses for children who are thesubject of this order that are work-, employmenttraining-, or education-related, as approved by thecourt or agency (deduct tax credit from annual cost,whether or not claimed)

have child care expenses, you must' the first three checkboxes in the ar^

a Father.................................................b Mother .......................................................................

® Umit svppott foF corribined a ross incornesQreater than $ 150,000 t® 3150,D®0 arnount. 16,654.76

9,714.72

0.000.00

3,629.140.00

s $29.142

r-mid incon

6,940.04

0.00

SMJMtiNNC^NI

0.00 0•0® 5landardfiiemiaed dadua

0.00 0.00 Exemot amount0.00 0.00 Alternate mintmum ta)0.00 0.00 Fare[ n fax credif

0 Subtract Ohio child care credit.0.00

0.00ile name: DINAN DINAN.WR6

Scarined By: Ashley Millwee 6/20/2012 10;18:35 AM

<

FATHER

Father. ARAM i31NANMother: SARAH DINAN

Sgie ftsidenta.

l+aSe 11iO.: 7057609163 i 0SDR29815

Date: 611912012

Parent or Shared.ParontingWcirksheet w Pag'e.4

20a Marginal, out-of-pocket costs, necessary to providefor health insurance for the children who are thesubject of this order (contributing cost of privatefamily health insurance, minus the contributing costof private single health insurance, divided by the totalnumber of dependents covered by the plan,including the children subject of the support order,times the number of children subject of the supportorder) .......................................................................

20b Cash medical support obligation (enter the amount online 14b or the amount of annual health careexpenditures estimated by the United StatesDepartment of Agriculture and described in section3119.30 of the Revised Code, whichever amount islower)....................... ....... ..... ... ...,.....,.............................

21 ADJUSTMENTS TO CHILD SUPPORT WHENHEALTH INSURANCE IS PROVIDED:

a Father (only if obligor or shared parenting)Additions: line 16a times sum of amounts shown online 19, Column ll and line 20a, Column IL ..............

b Mother (only if obligor or shared parenting)Additions: line 16b times sum of amounts shown online 19, Column I and line 20a, Column 1 .................

c Father (only if obligor or shared parenting)Subtractions: line 16b times sum of amounts shownon line 19, Column I and line 20a, Column I....... .....

d Mother (only if obligor or shared parenting)Subtractions: line 16a times sum of amounts shownon line 19, Column il and line 20a, Column II,.........

22 OBLIGATION AFTER ADJUSTMENTS TO CHILDSUPPORT WHEN HEALTH INSURANCE ISPROVIDED

a FatherLine 18a plus or minus the difference between iine21a minus line 21c ................. ............................

b MotherLine 18b plus or minus the difference between line21 b minus line 21d ..... ................................. ............

23 ACTUAL ANNUAL OBLIGATION WHEN HEALTHINSURANCE IS PROVIDED

a (Line 22a or line 22b, whichever line corresponds tothe parent who is the obligor) ..................................

b Any non-means-tested benefits, including socialseourity and veterans` benefits, paid to and receivedby a child or a person on behalf of the child due todeath, disabifity, or retirement of the parent, ...........

1994-2011 Puritas Springs SofMvre. AJI Rigttts eserved. Version 6.41

0.00

9.umn 11

7,448.00

See the cash medical suppprt helpbadditional information about line 20b

1,968.00

4,344,42

0.00

0.00

0.00

0.00

14,059.14

0.00

14,059.14

0.00

0.00

0.00

Ceifumn_ 111 `;C^t^^IN^b

If, y®u"d like

S car►r^ed By: Ashley M illv,^^^ 6^20/2012 10: 7 8: ^^ AM

Case No.: 7057b0A965/a5DR1@815

Date: 611912012

Scile Residentia6 par^nt or;Shared Paren.ting Worksheet m Page

c Actual annual obligation (subtract line 23b from fine23a) ........................................................................

24 ADJUSTMENTS TO CHILD SUPPORT WHENINSURANCE IS NOT PROVIDED:

a Father (only if obligor or shared parenting)Additions: line 16a times the sum of the amountsshown on line 19, Column il and line 20b, Column II..............................................................................

b Mother (oniy if obligor or shared parenting)Additions: line 16b times sum of amounts shown online 19, Cofumn I and line 20b, Column I .................

c Father (only if obligor or shared parenting)Subtractions: line 16b times sum of amounts shownon line 19, Column I and line 20b, Column I.... ,.......

d Mother (only if obligor or shared parenting)Subtractfons: line 16a times sum of amounts shownon line 19, Column II and line 20b, Column II....... ...

26 OBLIGATION AFTER ADJUSTMENTS TO CHILDSUPPORT WHEN HEALTH INSURANCE IS NOTPROVIDED

a FatherLine 18a plus or minus the difference between line24a minus line 24c ...................................................

b MotherLine 18b plus or minus the difference between line24b minus line 24d ..................................................

26 ACTUAL ANNUAL OBLIGATION WHEN HEALTHINSURANCE IS NOT PROVIDED

a (Line 25a or line 25b, whichever line corresponds tothe parent who is the obligor) ..................................

b Any non-means-tested benefits, including socialsecurity and veterans' benefits, paid to and receivedby a child or a person on behalf of the child due todeath, disability, or retirement of the parent. ..... ,.....

c Actual annual obligation (subtract line 26b from line26a) ........................................................................

27a Deviation from sole residential parent supportamount shown on line 23c if amount would be unjustor inappropriate: (see section 3119,23 of theRevised Code.) (specific facts and monetary valuemust be stated.) ........ ..:................ ........... ...............

C9lumn I Colurt>!n, i9' Column IIEFATliER M®THER COMBINIEP3

14,059.14 0.00

0A0

0.00

820.07

0.00

8,894.65

0.00

8,894.65 0.00

0.®0 0.00

8,894.65 0.00

0.00 0.00

Fil^4 .:.

Defendant


SARAH S. DINAN860 HUNTINGTON DRFISHKILL NY 12524-4918DOB: 08/2011975

Plaintiff

vs

ADAM A. DINAN29 WEST 14TH STNEWPORT KY 41071-2323DOB: 09/19/1973

ALEXANDER R. DINANDOB: 0110811999

LUKE J. DINANDOB: 01/09/2003

Minor Children

Case No. 2005-DR-29815Sets No. 7057509163

Judge Timothy OliverMagistrate Yvonne Iversen

f,^JS i

DEFENDANT'S MOTION FOR CONTEMPT(With Notice of Hearing)

(Service by Private Process Server)

Now comes Defendant Adam Dinan, by and through counsel, and respectfully moves

this Court for a finding of contempt, including sanctions and incarceration, against Plaintiff Sarah

Dinan for her repeated refusal to comply with the provisions of the Agreed Entry filed in this

action on 09/28/2007 and the Court's standard parenting order, as set forth below.

Count

1. Sarah failed and refused to provide to Adam a copy of the minor children's school year

calendar for 2007-2008.

2. Sarah failed and refused to transport the minor children to Adam for his parenting time in

11/2007.


12/2007.


02/2008.


03/2008.

^i.

page 1 of 5

. 11


04/2008,


05/2008.

8. Sarah failed and refused to transport the minor children to Adam for his parenting time

for the first two (2) weeks of their summer break from school in 06/2008.


for two (2) weeks during their summer break from school in 07/2008.


for two (2) weeks of their summer break from school in 08/2008.




10/2008.

13: Sarah failed and refused to transport the minor children to Adam for his parenting time in

11/2008.


12/2008.


02/2009.


03/2009.


04/2009.


05/2009.




for three (3) weeks during their summer break from school in 07/2009.





Page 2 of 5


10/2009.


11/2009.


12/2009.


02/2010.


03/2010.


04/2010.


05/2010.




for four (4) weeks during their summer break from school in 07/2010.






10/2010.


11/2010.


12/2010.


02/2011.


03/2011.


04/2011.

Page 3 of 5


05/2011.




for four (4) weeks during their summer break from school in 07/2011.






10/2011.


11/2011


12/2011.


02/2012.

49. Sarah faifed and refused to transport the minor children to Adam for his parenting time in

03/2012.


04/2012.

51. Sarah has failed and refused to allow Adam to have daily telephone contact with the

minor children when they have been in Sarah's care.

In addition to a finding of contempt, including sanctions and incarceration, Adam

respectfully requests that Sarah be ordered to reimburse him for his reasonable attorney's fees

incurred in the prosecution of this motion, and all costs associated with this motion.


i°Joseph R. Matejkovic (0056097)8050 Beckett Center DriV Suite 214West Chester, Ohio 45069 ^50'^18

Page 4 of 5

Tel: (513) 759-9800Fax: (513) 759-9810E-Mail: [email protected] for Defendant

INSTRUCTIONS FOR SERVICE

To the Cierk: Please prepare the foregoing motion, and any required summons, notice, orsimilar paperwork, for service upon Plaintiff Sarah Dinan by private process server Thomas J.Walsh III of Walsh Investigative & Security Consultants, Inc..

NOTICE OF HEARING

Be advised that the foregoing motion will come before the Court for hearing on Monday07/23/2012 at 9:30am before Magistrate Yvonne Iversen in the Warren County DomesticRelations Court at 500 Justice Drive in Lebanon OH 45036.

ORDER TO APPEAR

Sarah S. Dinan is hereby ORDERED to appear on Monday, 07/23/2012 at 9:30am inreference to the above-referenced matter. The motion will be heard at the Warren CountyCommon Pleas Courthouse, 500 Justice Drive, Lebanon, Ohio before Magistrate YvonneIversen.

Proper attire is required. Shorts and in the courtroom.tops are /VOT

ud

Page 5 of 5

COURT OF COMMON PLEAS, WARREN COUNTY, OHIOSUMMONS IN CONTEMPT

SARAH DINANVS

ADAM DINAN

TO: SARAH DINAN860 HUNTINGTON DRFISHKILL NY 12524

CASE NO.05DR29815

You have been named in a Contempt Action filed in WARREN County, Court of CommonPleas, at WARREN COUNTY Courthouse, LEBANON, Ohio by:

ADAM DINAN

A copy of the Order to Appear is attached hereto. The name and address of his/her attorneyare:

JOSEPH R MATEJKOVIC 8050 BECKETT CENTER DRIVE SUITE 214 WEST CHESTER,OHIO 45069-5018

You are hereby summoned and required to appear. Failure to appear may result in theissuance of an Order of Arrest, and/or in the issuance of an Order for the payment of support bywithholding an amount from personal earnings or by withholding or deducting an amount fromsome of your other assets.

You have the right to counsel, and if you believe you are indigent, you must apply for a PublicDefender or court-appointed counsel within three (3) business days after receipt of the Summons.

The Court may refuse to grant a continuance at the time of the hearing for the purpose ofyour obtaining counsel if you fail to make a good faith effort to retain counsel or to obtain a PublicDefender.

The potential sentences that could be imposed upon you if you are found guilty of contemptare as follows: (1) FOR A FIRST OFFENSE:A FINE of not more than TWO HUNDRED FIFTY DOLLARS, A DEFINITE TERM OFIMPRISONMENT of not more than THIRTY days IN JAIL, or both;(2) FOR A SECONDOFFENSE: A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS, A DEFINITE TERM OFIMPRISONMENT OF NOT MORE THAN SIXTY DAYS IN JAIL, OR BOTH;(3) FOR A THIRD ORSUBSEQUENT OFFENSE; A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, ADEFINITE TERM OF IMPRISONMENT OF NOT MORE THAT NINETY DAYS IN JAIL, ORBOTH.

James L. Spaeth, Clerk of Courts500 Justice Drive / P.O. Box 238Lebanon.- 5036

Deputy Clerk

June 15, 2012

COURT OF COMMON PLEASWARREN COUNTY, OHIO


SARAH DINAN860 HUNTINGTON DRIVEFISHKIL.>E,, NY 12524DOB: 8-20-75

Plaintiff,

-vs-

ADAM DINAN214919'IA,PLEWOOD DRIVECOI.IJI!'IBiTS, OH 43229

and29 W. 14rh STREETNEWPORT, KY 41071DOB: 9-19-73

Defendant.

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^ CASE NO. 05-DR-29815SETS NO. 7057509163^

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MOTION I +'nR C'Cll®1'I'^+ MI'7'A.AI) O12DEI2 'I'O APpElylq.^

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R CII ONE

Now come`s the Warren County Child Support Enforcement Agency, by the AssistantProsecuting Attorney, and moves the Court for an Order finding Adam Dinan in Contempt forhis failure to pay current child support and child support aarearages as ORDERED by the Courtand for an Order sanctioning Adam Dinan and for such other relief as allowed by law.

,S RAH C. McMAHON, Reg, #0088284Assistant Prosecuting Attorney500 Justice Drive/P.O. Box 440Lebanon, OH 45036(513) 695-1580

MEMORANDi7M

This contempt action in this Title IV-D case is being brought before the Court pursuant toSection 2705.031 and 2705.05 of the Ohio Revised Code.

X d^^

n^abn L. 1Y1cMahon

Assistant Prosecuting Attorney

ORDER TO API' + AI2

ADAM DINAN is hereby ORDERED to appearon Monday the 26th day ofNovember, 2012 at 2:00

p.m, in reference to the above captioned matter. The Motion will beheard at the Warren County Common Pleas Courthouse, 500 Justice Drive, Lebanon, OH 45036before MagistrateRonald C. Carey. PROPER ATTIRE IS REQUIRED.

Shorts and Tanl,Tops are 1\?OT ;perua.itted in the Courtroom. Children are NOT permitted in the

Courtroom, please make arrangements accordingly.

TO THE CLERK:

ISTItATE . ® , C.IZEY^^.

Please issue a summons on the Motion for Contempt and Order to Appear pursuant toSection 2705.031(C) of the Ohio Revised Code to Adam Dinan by

Certified Mail at thefollowing address(es):

ADAM DINAN2149 MA.PI,EWOOI) DRIVECOLUMBUS, OH 43229

e ADAM DINAN29 W. 14t" STREETNEWPORT, KY 41071

Please be advised that.the Assistant Prosecuting Attorney for the Warren Co. C.S.E.A. DOES NOTpersonally represent YOU.

You are free to seek independent counsel and advice pertaining to vour case and this Motion. TheAssistant Prosecuting Attorney for the Warren Co. C.S.E.A. solely represents the State of Ohio's interestsin the lawful establishment, enforcement and accounting of child support orders as required by the OhioRevised Code.

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COURT OF COMMON PLEAS, WARREN COUNTY, OHIOSUMMONS 9N CONTEMPT

SARAH DINAN

VS

ADAM DINAN

TO: ADAM DINAN29 WEST 14TH STREETNEWPORT KY 41071

Case No: 05DR29815

You have been named in a Contempt Action filed in WARREN County, Court of Common Pleas, atWARREN COUNTY Courthouse, LEBANON, Ohio by:

WARREN COUNTY CHILD SUPPORT ENFORCEMENT AGENCY

A copy of the Order to Appear is attached hereto. The address of his/ her attorney is:

CSEA Assistant Pros. Attorney, 500 Justice Dr., Lebanon, Ohio 45036

You are hereby summoned and required to appear. Failure to appear may result in the issuance of anOrder of Arrest, and/or in the issuance of an Order for the payment of support by withholding an amount frompersonal earnings or by withholding or deducting an amount from some of your other assets.

You have the right to counsel, and if you believe you are indigent, you must apply for a Public Defenderor court-appointed counsel within three (3) business days after receipt of the Summons.

The Court may refuse to grant a continuance at the time of the hearing for the purpose of your obtainingcounsel if you fail to make a good faith effort to retain counsel or to obtain a Public Defender.

The potential sentences that could be imposed upon you if you are found guilty of contempt are asfollows: (1) FOR A FIRST OFFENSE: A FINE of not more than TWO HUNDRED FIFTY DOLLARS, A DEFINITETERM OF IMPRISONMENT of not more than THIRTY days IN JAIL, or both; (2) FOR A SECOND OFFENSE: AFINE OF NOT MORE THAN FIVE HUNDRED DOLLARS, A DEFINITE TERM OF IMPRISONMENT OF NOTMORE THAN SIXTY DAYS IN JAIL, OR BOTH;. (3) FOR A THIRD OR SUBSEQUENT OFFENCE: A FINE OFNOT MORE THAN ONE THOUSAND DOLLARS, A DEFINITE TERM OF IMPRISONMENT OF NOT MORETHAN NINETY DAYS IN JAIL, OR BOTH.

James L. SpaethClerk of Courts

," ^^- :^^ ^^ .By.

Deputy C erk

October 4, 2012

COURT OF COMMON PLEAS, WARREN COUNTY, OHIOSUMMONS IN CONTEMPT

SARAH DINAN

VS

ADAM DINAN

TO: ADAM DINAN2149 MAPLEWOOD DRIVECOLUMBUS OH 43229

Case No: 05DR29815

You have been named in a Contempt Action filed in WARREN County, Court of Common Pleas, atWARREN COUNTY Courthouse, LEBANON, Ohio by:

WARREN COUNTY CHILD SUPPORT ENFORCEMENT AGENCY

A copy of the Order to Appear is attached hereto. The address of his/ her attorney is:

CSEA Assistant Pros. Attorney, 500 Justice Dr., Lebanon, Ohio 45036

You are hereby summoned and required to appear. Failure to appear may result in the issuance of anOrder of Arrest, and/or in the issuance of an Order for the payment of support by withholding an amount frompersonal earnings or by withholding or deducting an amount from some of your other assets.

You have the right to counsel, and if you believe you are indigent, you must apply for a Public Defenderor court-appointed counsel within three (3) business days after receipt of the Summons.

The Court may refuse to grant a continuance at the time of the hearing for the purpose of your obtainingcounsel if you fail to make a good faith effort to retain counsel or to obtain a Public Defender.

The potential sentences that could be imposed upon you if you are found guilty of contempt are asfollows: (1) FOR A FIRST OFFENSE: A FINE of not more than TWO HUNDRED FIFTY DOLLARS, A DEFINITETERM OF IMPRISONMENT of not more than THIRTY days IN JAIL, or both; (2) FOR A SECOND OFFENSE: AFINE OF NOT MORE THAN FIVE HUNDRED DOLLARS, A DEFINITE TERM OF IMPRISONMENT OF NOTMORE THAN SIXTY DAYS IN JAIL, OR BOTH; (3) FOR A THIRD OR SUBSEQUENT OFFENCE: A FINE OFNOT MORE THAN ONE THOUSAND DOLLARS, A DEFINITE TERM OF IMPRISONMENT OF NOT MORETHAN NINETY DAYS IN JAIL, OR BOTH.

James L. SpaethClerk of Courts

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By:Deputy Cl t^

October 4, 2012

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WA R N COUNTY, OHIO


SARAH S.19IN.AN,

-vs-

ADAM A. DINAN,

Plaintiff,

Defendant.

) CASE NO. 05DR29815SETS NO. 7057509163

)INTERIM

) MAGISTRATE'S DECISIONRe: Contempt

)

)

This matter was before the Court June 24, 2013 for a Motion Hearing on the

Child Support Enforcement Agency's ("CSEA") docket upon the CSEA's Motion for Contempt

filed October 4, 2012 against Father for non-payrnent of child support. Plaintiff Sarah Dinan

("Mother"), who now lives in New York, was present in Court without counsel. Defendant

Adam A. Dinan ("Father") was present in Court with his counsel, Joseph Matejkovic.

Sarah McMahon was present on behalf of the CSEA.

Prior to the hearing, there was much discussion on whether this Court still has

jurisdiction. Father points to language contained in the Magistrate's Decision filed

August 10, 2012 where, in the midst of a parenting dispute, Magistrate Iversen wrote:

On November 21, 2011 the State of New York issued a Civil ProtectionOrder protecting Mother and the parties' children from Father. The State of NewYork suspended Father's parenting time. Apparently, within the domestic violencecase in New York, Mother filed a Motion to modify Father's parenting time.Shortly thereafter on June 14, 2012 Father filed the above Motion for Contemptwith this Court alleging that Mother has failed to abide by the September 28, 2007Agreed Entry concerning Father's parenting time. Father's Motion allegesnumerous violations of the parenting time schedule including violations occurringafter the State of New York suspended Father's parenting time. New York hasnow stayed its proceedings until this Court determines whether this Court shallexercise jui-isdiction over these children.

^,I

Currently Mother resides in Fishkill, New York. Father's pleadingsindicate that Father resides in Newport, Kentucky. Neither party is currently aresident of the State of Ohi.o. Pursuant to the Court file, Mother and the childrenhave not resided in Ohio since 2007.

Pursuant to Ohio Revised Code Section 3127.21 this Magistrate finds thatOhio is an inconvenient forum and this Magistrate finds that this Court shalldecline to exercise its jurisdiction. This Magistrate finds that the State of NewYork is a more convenient forum...

Therefore, New York has more current information and is more familiarwith the recent facts of the case.

Based on all the evidence before the Court, this Magistrate finds that theState of Ohio and Warren County shall decline to exercise jurisdiction over theabove captioned matter. The State of New York is ready, willing and able toexercise such jurisdiction and this Magistrate fmds that it is better able to do so. Acopy of this Magistrate Decision shall be forwarded to Judge Posner, DuchessCounty, New York for further proceedings consistent with this MagistrateDecision.

On October 4, 2012, the instant motion for contempt was filed by the CSEA.

Father moved to dismiss the contempt action for the reason that jurisdiction has been

transferred to New York, thus making all actions in Ohio moot.

The Court overrules that motion. R.C. 3115.07(A) says, "A tribunal of this state has

continuing, exclusive jurisdiction over a child support order it issues as long as the obligor,

individual obligee or child subject to a child support order is a resident of this state, unless all of

the parties who are individuals have filed written consents with the tribunal of this state pursuant

to a law adopted by the other state that is substantially similar to sections 3115.01, to 3115.59.

Furthermore, when Magistrate Iversen transferred jurisdiction she did so pursuant to

R.C. 3127.21, which is part of the Uniform Child Custody Jurisdiction and Enforcement Act,

meaning it was a transfer of the custody and visitation portion of this case.

2

Accordingly, until the child support order is transferred in the way R.C. 3115.07(A)allows, it remains under the jurisdiction of this Court.

AK9Rst 5, 2013 at 3:00 . P.m, in order to review Father's payment history.

There was also discussion about other issues where Father believes Mother is in contempt

and; therefore, is accountable financially to him. He points to the September 28, 2007,

Agreed Entry that requires Father to be reimbursed the cost of transporting the children for his^parenting time. That section. also says he can claim the reimbursement only if he is current on his

child support,

If Father has a claim that Mother is in contempt of Court for failure to properly reimburse

him for transportation costs, he can file that motion, either here or - if New York will permit it -

there. But while that could potentially offset the relative obligations, the Court does not regard °

that as a defense to his failure to pay child support.

It was stipulated he has not paid child support since May 2012. The CSEA contends

Father may be as much as $36,000 behind in his child support payments.

'The Court finds froTri the testimony presented that Father is in contempt of Court for

failing to timely pay his child support obligation. The Court stays sentencing until 1VTonci

aRDE12 TO APPEAIt

Father is ORDERED to appear at the August 5, 2013 hearing. Failure to appear will

result in a bench warrant being issued.

3

Court Costs

Father is ORDERED to pay the Court costs within 30 days of the mailing of a cost

statement by the Clerk of Courts.

NOTICE TO ATTORNEYS AND PARTIES

Pursuant to Civil Rule 53(D)(3), the parties shall have fourteen (14) days from the date of

filing of this decision to file written objections with the Clerk of Court's Office. The objections

shall be specific and state with particularity all grounds for objection. Any objection to a factual

finding shall be supported by a transcript of all the evidence submitted to the Magistrate relevant

to that finding or an affidavit of that evidence if a transcript is not available. A party shall not

assign as e.rror on appeal the Court's adoption of any factual finding or legal conclusion of law

unless the party has objected to that finding or conclusion as required by Civ. R. 53(D)(3)(b).

MAGISTRr`TE JEFFREY-KIRBY

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SARAH S. DINAN,860 Huntington DriveFishkill, NY 12524-4918

-vs-

ADAM A. DINAN,

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Plaintiff,

Defendant.

. ,. i

Case No. 05DR29815

INSTRUCTIONS TO THE CLERK FOR SERVICE OFMAGISTRATE'S DECISION or MAGISTRATE'S ORDER

PURSUANT TO CIVIL RULE 53

Serve the following attorneys: Joseph 1Vlateikovic.

Serve Plaintiff at the above address shown on the caption.

Serve the following: Sarah McMahon k CSEA. (hand delivered) dg

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SARAH S. DINAR!860 HUNTINGTON DRFISHKILL NY 12524-4918DOB: 08/20/1975

vs.

ADAM A. DINAN277 SKYVIEW CTLUDLOW KY 41016-1707DOB: 09/9 9/1973

ALEXANDER R. DINANDOB: 01/08/1999

LUKE J. DINANDOB: 01/09/2003

Plaintiff

Defendant

Minor Children

Case No. 2005-®R-29$15Sets No. 7057509163

Judge Timothy OliverMagistrate Jeffrey Kirby

DEFEI`lDa4RIT'S OBJECTION TO INTERIMMAGISTRATE'S DECISION RE: CONTEMPTFILED 06/28/2013

Now comes Defendant Adam Dinan, by and through counsel, and hereby objects to the

Interim Magistrate's Decision re: Contempt filed on 06/28/2013.

In his decision, the magistrate noted that Adam objected to the Court proceeding with

this contempt motion given that this Court had previously surrendered jurisdiction over the

parties and the children to the Duchess County (New York) Family Court by Magistrate's

Decision filed 08/10/2012, affirmed and adopted by Entry Granting Permanent Judgment on

Magistrate's Decision filed 08/30/2012, and because the parties are in the midst of contested

proceedings in NY over various issues related to parenting and contempt, making that the

preferable forum for any support-related contempt issues as well.

In his decision, the magistrate also quoted the finding of this Court from the decision of

08/10/2012, adopted as the final order on 08/30/2012, that Sarah lives in New York and Adam

lives in Kentucky. (The magistrate did not mention that, in pre-hearing discussions, Adam's

counsel explained that, indeed, Adam lives in Kentucky, and the Columbus Ohio address used

for the attempted service of the subject contempt motion is his parents' home.)

The magistrate cited R.C. §3115.07(A) to support his conclusion that this Court has

jurisdiction over this matter. There is no dispute that Sarah lives in New York, and there is and

Page 1 of3k^ .y

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was no evidence to contradict this Court's previous finding that Adam lives in Kentucky.

Because none of the necessary parties lives in Ohio anymore, it was error for the magistrate not

to dismiss the contempt motion.Beyond that, Adam argued that he is entitled to an adjustment to his support arrearage

for travel expenses he paid, that Sarah was required to pay, in accordance with the parties'

Agreed Entry filed 09/28/2007: he maintains that he has spent thousands of dollars in

transportation- and visitation-related expenses, all of which were Sarah's responsibifity. If it is

true that he has spent more money than he purportedly owes in support, then he would have a

credit toward any support order, making it impossible for him to be in contempt for not paying

support. It is a violation of Adam's Due Process rights for the magistrate to hold Adam in

contempt without affording him the opportunity to present this defense to the contempt

allegation.The Fourteenth Amendment to the United States Constitution provides: "No State

shall... deprive any person of life, liberty, or property without due process of law". An essential

principle of due process is that any deprivation of life, liberty, or property " be preceded by notice

and opportunity for hearing appropriate to the nature of the case".Mullane v. Central Hanover

Bank & Trust Co. (1950), 339 U.S. 306, 313, 70 S.Ct 662, 94 L.Ed. 865. The United States

Supreme Court has said that the right to a hearing before an individual is deprived of a right is

"the root requirement" of the Due Process Clause. Boddie v. Connecticut (1971), 401 U.S. 371,

379, 91 S.Ct. 780, 28 L.Ed.2d 113.

Section 16, Article I of the Ohio Constitution provides: "All courts shall be open, and

every person, for an injury done him in his land, goods, person, or reputation, shall have remedy

by due course of law, and shall have justice administered without denial or delay." "The'due

course of law' provision is the equivalent of the 'due process of law' provision in the Fourteenth

Amendment to the United States Constitution." Sorrell v. Thevenir (1994), 69 Ohio St.3d 415,

422-423, 633 N.E.2d 504, citing Direct Plumbing Supply Co. v. Dayton (1941), 138 Ohio St.

2007-Ohio-6948, at ¶48.540, 544, 38 N.E.2d 70; see, also, Arbino v. Johnson & Johnson,

"When read in conjunction with Sections 1, 2 and 19 [of the Ohio Constitution], Section 16 is the

equivalent to the Fourteenth Amendment's due process clause. As a consequence,

decisions of the United States Supreme Court can be utilized to give meaning to the guarantees

of Article I of the Ohio Constitution." State ex rel. Heller v. Miller (1980), 61 Ohio St.2d 6, 8, 399

N.E.2d 66.

Page2of3

{{

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eph R. Matejk vic (0056097)8050 Beckett Ce er Drive, Suite 214^est.^.C.kaeete^;° hio 45069-5018Tel: (513) 759-9800Fax: (513) 759-9810E-Mail: [email protected] for Defendant


"A man has had his day in court when he has had reasonable notice of hearing and has

been provided with a reasonable opportunity to be heard." State, ex rel. Allstate Ins. Co. v.

Bowen (1936), 130 Ohio St. 347, 367, 199 N.E. 355.

The magistrate stated that he would allow Adam to file a motion in this Court to address

the transportation-cost issue, but because that constitutes a defense to the contempt allegation,

that issue must be addressed before or with the contempt allegation, not after the fact.

Adam further objects to the Magistrate's Decision because it is patently unfair that he is

subject to a non-support contempt finding in this Court while he is prohibited from prosecuting

his own contempt allegations in this Court. It is ludicrous that he be forced to expend the time,

energy, and money to defend himself in this Court while also expending time, energy, and

money asserting his claims in the New York court. If this Court decides that the Dinan Family

issues should be resolved in the New York court - which it did, as of 08/2012 - then so be it: all

issues related to these parties and their various parenting, support, and contempt allegations

should be resolved in one forum in on proceeding.

Adam has requested a transcript of the hearing on 06/24/2013.

The above signature certifies that a true and accurate copy of the foregoing was servedon Sarah C. McMahon, Esq., Assistant Prosecuting Attorney, by reg la U.S. Mail, postage

prepaid, to 500 Justice Dr, PO Box 440, Lebanon OH 45036 on t

Page 3 of 3

5^ -

^. ^ -i^;=3 €

STATE OF OHIO , WARREN C t?ITNT_^' .IN THE COURT OF COMIVIONI'-L`^A'SDIVISION OF DOMESTIC RELATICINS ^ " -_. • ` ,,.

SARAH DINANPlaintiff,

V.

ADAM DINAN ^ER'VP-o^Defendant,

) CASE NO: 05DR29815

^^,<,^^

^^131

) ENTRY SUSTAINING IN PARTAND OVERRULING IN PARTOBJECTIONS TO THEMAGISTRATE'S DECISION

) Judge Tim OliverMagistrate Jeffrey T. Kirby

The above matter came on for Submission on August 30, 2013 upon Objections filed by

Fatlier's Objections were filed July 11, 2013. The Magistrate's Decision was filed

une 28, 2013.

Father raises two objections to the Magistrate's Decision. First, Father objects to the

's finding of contempt for Father's failure to pay child support, because Father

;claims that this Court lacks jurisdiction over the matter. Second, Father objects to the

^Magistrate's refusal to consider Mother's nonpayment of travel expenses as a defense to

Father's nonpayment of child support.

Father first objects to the Magistrate's finding of contempt, because Father argues that

this Court lacks jurisdiction over this matter. Father argues that the Magistrate's Decision filed

August 1.0, 2012 transferred the entire case to the State of New York. Additionally, Father

argues that because he resides in Kentucky and Mother and the children reside in New York,

this Court does not have jurisdiction over child support under R.C. § 3 115.07(A). The Court

^^.. IN

eads the Magistrate's Decision filed August 10, 2012 as transferring this entire matter to the

>tate of New York, not just custody and visitation. However, if any question remains regarding

urisdiction, the Court hereby transfers child support jurisdiction to New York, as neither the

>arties nor the children reside in Ohio at this time. From this point forward, this Court declines

o retain jurisdiction over any matter related to this case. Father's first objection is Sustained.

Father's second objection is moot, because all issues regarding this case have been

ransferred from this Court. Father's second objection is Overruled.

For the foregoing reasons, Father's Objections are Sustained and Overruled.,. ^= a=..^ ^:_..._.._

Judge Tim ^liver

^.C. Joseph Matejkovic, Esq.Sarah McMahon,Sarah Dinan

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IN THE SUPREME COURT OF OHIO SARAH S. llINAN, Plaintiff, V. ADAM DINAN, Defendant-Appellee ^ ^ ^ ^ ^...

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