Summary
The Supreme Court of Ohio held that a juvenile court has jurisdiction to award retroactive child support to an adult emancipated child when a parentage action is filed before the child’s 23rd birthday. The court construed R.C. 3111.05 and R.C. 3111.13(C) together and reversed the appellate court’s contrary judgment.
Holdings
- A juvenile court has jurisdiction to award retroactive child support payments to an adult emancipated child if the parentage action is filed before the child's twenty-third birthday.
Questions Presented
- Whether a juvenile court has subject-matter jurisdiction to award retroactive child support in a paternity or parentage action filed after the child reaches the age of majority but before the child's twenty-third birthday.
Disposition
reversed_and_remanded
Cases Cited (16)
- Snider v. Lillie (1997), 131 Ohio App. 3d 444, 722 N.E.2d 1036(rejected)
- Park v. Ambrose (1993), 85 Ohio App. 3d 179, 619 N.E.2d 469(followed for cited proposition)
- In re Buechter, Miami App. No. 2002-CA-22, 2002-Ohio-5598, 2002 WL 31341567(approved)
- Sexton v. Conley, Scioto App. No. 01CA2823, 2002-Ohio-6346, 2002 WL 31630766(approved)
- Elzey v. Springer, Fayette App. No. CA2003-04-005, 2004-Ohio-1373(approved)
- Hudgins v. Mitchell (1998), 128 Ohio App. 3d 403, 715 N.E.2d 213(approved)
- Spires v. Moore (Nov. 24, 1999), Muskingum App. No. CT98-0040, 2000 WL 1545(approved)
- Seegert v. Zietlow (1994), 95 Ohio App. 3d 451, 642 N.E.2d 697(cited as dicta)
- State ex rel. Francis v. Sours (1944), 143 Ohio St. 120, 53 N.E.2d 1021(followed)
- Provident Bank v. Wood (1973), 36 Ohio St. 2d 101, 304 N.E.2d 378(followed)
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Cited In (0)
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Court Document
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