Patrice Denman Attorney-at-Law

For Immediate Release

On June 3, 2010, the Ohio Supreme Court issued a 5-1 decision in State v. Bodyke, holding that the reclassification of sex offenders under the Adam Walsh Act violates the constitutiona doctrine of separation of powers.  In 2007, the Ohio General Assembly passed the Adam Walsh Act, requiring persons convicted of sexual crimes to register with local authorities.  The Act also repealed Ohio’s existing sex offender registration law and required all offenders to be reclassified under the new law.  In State v. Bodyke, Justice Maureen O’Connor wrote that the reclassification scheme violated the separation of powers doctrine, which prohibits the legislature from altering final judgments rendered by the judicial branch of government.  Citing an appellate court decision written by Judge Diane V. Grendell of the Eleventh District Court of Appeals, Justice O’Connor recognized that the original classification of sex offenders under the old law were final judgments which would be overturned as a practical matter by the application of the new law.  This means, as Judge Grendell stated in her opinion, the legislature cannot overturn previous final decisions by a court.  This is the separation of powers.

It was noted that “nearly all of the courts of appeals [that] have considered a separation-of-powers challenge … have rejected such a challenge.”  Judge Grendell of the Eleventh District Court of Appeals is the only exception.

The court’s decision does not prohibit the classification of sex offenders who were convicted after the Adam Walsh Act went into effect.

What is collaborative law?

Collaborative law is a contractually-based dispute resolution option in which parties negotiate with the assistance of

their counsel, rather than having a ruling imposed upon them by a court or arbitrator. Joint neutrals, such as

professional counselors or nancial planners, participate in the process and educate the parties on an “as needed” basis

to assist the parties in gaining information and assessing options.

Goals:

• Maintain civility through the termination of marriage;

• Preserve positive, respectful interpersonal relationships; and

• Jointly minimize collateral damage to children.

How does the process work?

H.B. 461 provides uniform standards for the commencement of a collaborative family law process by the signing of a

collaborative family law participation agreement, and sets forth the formal requirements of a participation agreement.

Collaborative law is similar to mediation. However, both parties are represented by lawyers during negotiations. In

addition, the parties agree in advance that their collaborative lawyers will never represent either client in court;

representation is limited to negotiating agreement. -e process is intended to promote equitable resolution, full and

open disclosure, and, as is the case in mediation, information disclosed in a collaborative process is privileged against

use in subsequent litigation (except criminal cases).

Once parties reach an agreement, they le for dissolution in court. Courts have up to ninety days to meet notice and

appearance requirements. H.B. 461 will result in greater e　ciencies for the courts because these cases will be o the

normal court litigation docket, allowing domestic courts to attend to other disputes for parties who do not wish to

settle their cases voluntarily.

Support H.B. 461-Ohio Collaborative Family Law Act

Benets of Collaborative Family Law



Voluntary, client-driven process



Cost-eective



Ethical safeguards



Reduces judicial caseloads

H.B. 461 provides statutory authority and uniform

standards for collaborative family law – an alternative

dispute resolution process for dissolutions of marriage.

Used in all 50 states, the process is highly eective.

National statistics indicate a success rate in the range

of 95%.

For additional information, contact Mary Amos Augsburger at (614) 487-4464 or (614) 783-4852.

Paternity Establishment And Why It’s Important:

If two parents are not married when their child is born, the child does not have a “legal father”. Paternity establishment is the legal determination of fatherhood.

Paternity establishment is important for many reasons. Paternity must be established before child support or medical support can be ordered. In nearly all areas of the law, establishing paternity grants children born out of wedlock legal equality with children born during a marriage. In addition, the medical histories of both parents are essential to the healthy development of a child. Further, it is the right of both the child and the father to have a parental relationship established.

The father may acknowledge paternity by completing an Acknowledgement of Paternity Affidavit at the hospital, local registrar’s office, or the CSED. Signing the form is voluntary, and if the alleged father is unsure of paternity, he should ask for genetic testing before signing. Genetic testing can also be court ordered if there is no voluntary admission to paternity or voluntary submission to the testing.

Genetic testing may be done by buccal swabs. The specimen is collected by gently rubbing the cheek inside of the mouth with long swabs, similar to Q-tips. The DNA test utilized with buccal swab specimens is the same DNA test utilized with blood specimens. These tests are used in courts throughout the country and are more than 99% accurate.

Frequently Asked Questions:

Q. What are the benefits of establishing paternity?

A. Paternity establishment can provide basic emotional, social and economic ties between a father and his child. Once paternity is established legally, a child gains legal rights and privileges. Among these may be rights to inheritance, rights to the father’s medical and life insurance benefits, social security and possibly veteran’s benefits. The child also has a chance to develop a relationship with the father, and to develop a sense of identity and connection to the “other half” of his or her family.

Q. What will the enforcement caseworker need to know to try to establish paternity?

A. The caseworker needs as much information as you can give about the alleged father and the facts about your relationship with him, your pregnancy, and the birth of your child. Some of these questions may be personal. States must keep the information that you give confidential.

Q. What if he denies he is the father, or he’s not sure?

A. Paternity can be determined by the evidence presented in court, including highly accurate tests conducted on the man, mother and child. Genetic test results indicate a probability of paternity and can establish a legal determination of paternity. These tests can exclude a wrongly accused man and can also indicate the likelihood of paternity if he is not excluded. All parties in a contested paternity case must submit to genetic tests at the request of either party.

Q. What happens if I am not sure who the father is?

A. When more than one man could be the father of a baby, each may be required to take a genetic test. These tests are highly accurate, and it is almost always possible to determine who fathered a baby and to rule out anyone who did not.

CLEVELAND, Ohio — More than 16,000 people in Cuyahoga County are eligible to have their driver’s licenses reinstated until Sept. 30 through the Child Support Enforcement Agency’s amnesty program.

Parents whose licenses are suspended for owing child support must pay one month of their child support obligation and at least $50 toward past-due support to get their license reinstated.

Pay with a cashier’s check or money order from 8:30 a.m. to 4:30 p.m. at the agency’s office, 1640 Superior Ave. in Cleveland or pay with cash at the Cuyahoga County Treasurer’s Office, 1219 Ontario St. in Cleveland.

After the amnesty period, delinquent parents must either pay the entire past-due amount owed or one month of support and provide an income source that can be garnished.

Since Aug. 16, when the program began, $78,043.22 has been paid on 254 cases, CSEA spokeswoman Mary Denihan said. The highest amount paid on a single case is $3,885.20.

“Participants are responsible for the $25 driver’s license reinstatement fee required by the Bureau of Motor Vehicles,” Denihan said.

“If participants fail to continue to pay on their child support order after their driver’s license is reinstated, their license will once again be suspended and stricter criteria for subsequent reinstatement will be followed.”

Donna Miller Plain Dealer

Q. My ex-spouse collects Social Security Disability. Can income withholding occur on that check?

A. Yes, there can be income withholding for Social Security Disability and Social Security Retirement benefits. There cannot be a withholding for SSI because those benefits are a form of public assistance.

If you have any other Child Support questions please call our Lake County Ohio Law office and schedule a free consultion.  440-639-1020

Interstate Situations

Q. What if the non-residential parent cannot be found locally?

A. Our office will use multiple resources to attempt to locate the non-custodial parent.  When the non-custodial parent’s social security number is known, the CSEA is able to use the State and Federal Parent Locator Service, the National Directory of New Hires, the Financial Institution Data Match, and the Federal Case Registry to assist in locating the non-residential parent.  The CSEA can also request a child support agency in another state to search for the non-custodial parent. With the increase in automated location tools, it is becoming more difficult for non-paying parents to hide from their child support obligations and the agencies that enforce them.

Q. I’ve heard there is a law called UIFSA. What does this law do?

A. UIFSA (Uniform Interstate Family Support Act) is a law regulating the establishment and enforcement of child support orders where the parents live in different states or where the support order is in a state other than where either of the parents live.

Q. I now live in Ohio but my case started in Michigan. Do I have to open a new case in Ohio?

A. No. If you choose, you may simply continue to work with the child support authorities in Michigan.

Q. I know where my ex-spouse works in another state. How can I get an income withholding?

A. Our Child Support Lawyers can explain the two ways this can be done. They may choose to simply send a withholding order directly to an employer anywhere in the country. If needed, they may also choose to register your support order for enforcement, only in the state where he works.

Q. I was divorced in Ohio but then moved to Tennessee. My ex-spouse moved to Florida and another order was established. Can I enforce both orders?

A. The UIFSA law requires the determining of one “Controlling Order.” See the Determining a Controlling Order part of the Interstate section for a description of the rules for choosing this order. Once that order is determined, it is the only order that can be enforced or modified.

Q. I live in Ohio, but my ex-spouse lives in Nebraska. Can my California support order be modified?

A. Yes. Please call our office to help you. We can register your California support order in Nebraska, which is where the modification will occur. Your order can also be enforced there.

Q. My ex-spouse lives in Oregon and is self employed. What can I do to obtain support?

A. Our attorneys can register your support order in Oregon for enforcement. The child support agency in Oregon will then be able to use all the enforcement tools available under its state law to collect your support.

Q. The CSEA here in Ohio has been trying to enforce my child support order for years but every time the agency locates the non-residential parent and are able to obtain an order for an income withholding, the non-residential parent moves to another state. Is there anything else I can do?

A. Your case may qualify for federal prosecution under the Child Support Recovery Act of 1992 or other federal law. You should discuss this possibility with your our attorneys.

Q. My ex-spouse paid support regularly until last month and then he moved to Europe. Is there anything I can do to get my order enforced?

A. Ohio has reciprocal agreements with several European countries, most Canadian provinces and certain other foreign countries. Some countries may also be able to assist you with enforcement, even though no formal reciprocal arrangements exist. Our Painesville Child Support attorneys can tell you what kind of help may be possible in your individual case. For a list of international child support addresses and phone contacts, please click on International Contact Information.

For more information contact our Painesville Law Firm  at 440-639-1020

Child Support Guidelines Questions & Answers

1.    Q. What are the child support guidelines?

   A. The Child Support Guidelines are guidelines passed by the Ohio legislature which calculate child support orders based upon the financial circumstances of both parents. Use of these guidelines is required for the establishment or modification of all child support orders in Ohio. The amount of child support which is calculated using the worksheets and schedules contained in these guidelines is presumed under the law to be the correct amount of child support in each case.

2.    Q. Are the earnings of both parents considered in setting support?

   A. Yes.

3.    Q. Are there any adjustments allowed for second families in the guidelines?

   A. Yes. The guidelines allow an adjustment equal to the federal tax exemption for each child who is your biological child from another relationship, as long as the child is living with you. If you are the custodial parent of a child, your adjustment will factor in any child support received for that child.

4.    Q. Do the guidelines allow an adjustment for the parent who is paying for child care?

   A. Yes. The guidelines provide a credit for child care expenses for those children included in the order, relating to work, employment training or education.

5.    Q. Is there any allowance for the parent who has to pay health insurance?

   A. Yes. The guidelines provide a credit for marginal, out-of-pocket costs of  health insurance which will therefore affect the amount of the order.

Please call 440-639-1020 for a free consultation with a child support lawyer.