C.L.A. v. D.P.M.

Citations

• 2024 Ohio 836

Syllabus

Final, appealable order sua sponte Office of Child Support Services Recommendation R.C. 3119.60 R.C. 3119.63 arrearage motion motion to modify support refile motion to modify postdecree motion continuing jurisdiction lack of service Civ.R. 75 personal jurisdiction Civ. R. 4 service of process presumptive service no rebuttal evidence. The trial court's order was a final, appealable order even though the court did not adopt an Office of Child Support Services Recommendation. The trial court rendered a final, appealable order when it dismissed Husband's motion for judicial review under R.C. 3119.63 since Husband would be foreclosed from presenting his arguments on the recommendation outside this appeal. The trial court's dismissal of Husband's support modification motion was a final, appealable order because while Husband could refile a motion to modify support, he would be entitled to a support reduction retroactive only to the date of the new filing. The trial court's dismissal of Husband's arrearages motion was not a final, appealable order since Husband could refile the motion and obtain appropriate relief in the future. The trial court erred when it found Husband's motion for judicial review filed pursuant to R.C. 3119.63 was subject to Civ.R. 75(J) and the related service requirements. The trial court erred when it dismissed Husband's motion for support modification for lack of service when husband served the motion in accordance with Civ.R. 75(J) and Civ.R. 4 to 4.6 and demonstrated good cause for why the motion was not filed within six months after its initial filing.