Barton v. Barton

Citations

• 2017 Ohio 980

Syllabus

The trial court had jurisdiction to consider a contempt hearing for failure to pay attorney fees, a motion for a withholding order for spousal support, and requests for attorney fees, even though Appellant's appeal from denial of his Civ.R. 60(B) motion for relief from judgment was currently on appeal. The order to pay attorney fees was a valid order while in effect, and Appellant was clearly in contempt for refusing to pay fees as ordered. Contempt is also a collateral measure that may be considered unless a stay is issued. However, no stay was issued. In addition, the trial court had jurisdiction over the motion for a withholding order because the divorce decree did not reserve jurisdiction over spousal support. Trial courts lack jurisdiction to vacate or modify spousal support awards where a decree of divorce or dissolution fails to contain a reservation of jurisdiction to modify the award pursuant to R.C. 3105.18(E). Thus, while Civ.R. 60(B) allows motions for relief from judgment, Civ.R. 60(B) is a procedural rule and cannot supersede substantive law that controls whether trial courts have the ability to modify a periodic payment of spousal support. The trial court's decision on the motion for a withholding order, therefore, could not have possibly interfered with appellate consideration of Appellant's Civ.R. 60(B) motion for relief from the divorce judgment. Finally, requests for attorney fees were intertwined with these matters and the trial court did not lack jurisdiction to award attorney fees for bringing the motions. Regarding the remaining issues, res judicata bars most of Appellant's claims, and those that are not barred are without merit. The contempt order was well supported by the evidence. Appellant also was not entitled to have counsel appointed for the contempt hearing and was not deprived of due process. Appellant was advised of his rights, never contended in the trial court that he was indigent, and never asked to have counsel appointed. Appella