Goines v. Bowers

Summary

The Ohio First District Court of Appeals affirmed a juvenile court’s modification of a child-support order. The court held that the obligor’s failure to submit to genetic testing provided no basis to cancel arrearages, and that retroactive modification was unavailable absent proof of fraud or wrongdoing.

Holdings

1. Because Bowers willfully failed to submit to genetic testing, the juvenile court had no grounds to cancel the child-support arrearages.
2. Due and unpaid child-support payments generally may not be retroactively modified, and the exception for special circumstances did not apply because Bowers presented no proof of fraud or wrongdoing.

Questions Presented

1. Whether a child-support obligor who willfully fails to submit to genetic testing may obtain cancellation of child-support arrearages on a paternity-related motion.
2. Whether existing, due, and unpaid child-support arrearages may be retroactively modified based on a later reduction in the obligor's ongoing support obligation absent proof of fraud or wrongdoing.

Disposition

affirmed