Ohio Supreme Court to Hear Clermont Child Support Case
News Release
March 3, 2008
Ohio Supreme Court to Hear Clermont Child Support Case
Batavia, Ohio. In late fall, the Ohio Supreme Court will hear arguments in the Clermont County child support case of Byrd versus Knuckles; the high court ruling could impact child support cases statewide.
The case involves an agreement between the parents of a child, who was adopted by the mother's new husband. The birth parents agreed that the father, who was behind $7,420 in child support payments, could cut that amount in half as part of an agreement to let the child's adoption go forward. However, the Clermont County Juvenile Court ruled, and the Twelfth District Court of Appeals upheld the ruling, that the parties could not retroactively modify child support payments, citing Ohio Revised Code, section 3119.83. In its decision, the Clermont County Juvenile Court cited another Twelfth District Court of Appeals case (Bonefant versus Bonefant) which found that forgiveness of child support arrears, under these circumstances, violates a specific statutory section in the Ohio Revised Code.
The father argues that it is important for parties to be able to compromise the amount of child support owed in these cases, when both parents are in agreement. The father asked the Ohio Supreme Court to hear his case, saying it involves a matter of great general or public interest. In February 2008, the Ohio Supreme Court agreed to hear arguments raised in the matter.
The Clermont County Child Support Enforcement division of the Department of Job and Family Services plans to file a case brief in April.
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For additional information, please contact Clermont County Communications Director Kathy Lehr at (513) 732-7597.