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Hasberry v. Mills

Court of Appeals of Ohio, Tenth District

February 13, 2018

Shakka S. Hasberry, Plaintiff-Appellant,
v.
Darla Mills, Defendant-Appellee.

         APPEAL from the Franklin County No. 00DR-5326 Court of Common Pleas Division of Domestic Relations, Juvenile Branch

         On brief:

          Shakka S. Hasberry, pro se.

         On brief:

          Kyle B. Keener, Franklin County Child Support Enforcement Agency.

          DECISION

          BRUNNER, J.

         {¶ 1} Plaintiff-appellant, Shakka S. Hasberry, appeals a decision of the Franklin County Court of Common Pleas, Division of Domestic Relations, Juvenile Branch, which adopted a magistrate's decision finding Hasberry in contempt for failure to pay child support and ordering him to either spend 30 days in the Franklin County Correctional Facility or pay one dollar per month plus a processing charge toward his arrears of $17, 322.88. Because we find that Hasberry, who is pro se, has failed to submit a brief that meets the requirements of the Ohio Rules of Appellate Procedure and our local court rules and not even any argument we can discern from what he has filed, we affirm.

         I. FACTS AND PROCEDURAL HISTORY

         {¶ 2} On December 28, 2000, Hasberry filed for divorce. (Dec. 28, 2000 Compl. for Divorce.) Approximately nine months later, the parties agreed upon a shared parenting plan and the court issued decrees for divorce and shared parenting. (Sept. 7, 2001 Divorce Decree; Sept. 7, 2001 Shared Parenting Decree; Sept. 7, 2001 Shared Parenting Plan.) The shared parenting plan required Hasberry to pay $326.20 per month plus processing charges for child support while their child was enrolled in daycare and $215 per month at such time that the child was no longer enrolled in daycare. (Sept. 7, 2001 Shared Parenting Plan at 3.)

         {¶ 3} Approximately five years later, in October 2006, the parties resolved post-decree differences between them that included Hasberry's child support arrearage and his obligation to pay. (Oct. 27, 2006 Memo. of Agreement at 3.) They agreed that Hasberry would pay $125.00 per month in child support plus processing charges going forward. (Oct. 27, 2006 Memo. of Agreement at 3; Oct. 27, 2006 Deviation Findings of Fact; Dec. 8, 2006 Agreed Jgmt. Entry at 3.) Arrearage of $3, 000 would be liquidated at a rate of $25 per month plus processing charges. The agreement was adopted and ordered by the domestic court. (Oct. 27, 2006 Memo. of Agreement at 3; Oct. 27, 2006 Deviation Findings of Fact; Dec. 8, 2006 Agreed Jgmt. Entry at 3.)

         {¶ 4} Three years later, in December 2009, the Franklin County Child Support Enforcement Agency ("FCCSEA") recommended that Hasberry pay, effective January 1, 2010, $218.07 per month plus 2 percent processing charge in addition to $25 per month as payment on child support arrearage and other sums due. (Dec. 21, 2009 Admin. Adjustment Recommendation at 2-3.) Hasberry filed objections to the recommended adjustment, but he failed to appear for the hearing held to consider his objections. (Jan. 25, 2010 Objs.; Mar. 25, 2010 Mag. Decision; Mar. 25, 2010 Mag. Dec. Adopted.) The trial court adopted the recommendations over his objections. (Mar. 25, 2010 Mag. Decision; Mar. 25, 2010 Mag. Dec. Adopted.)

         {¶ 5} Approximately six and one-half years later, on July 21, 2016, FCCSEA, on behalf of Mills as relator, filed a motion for contempt alleging that Hasberry had failed to pay as ordered. (July 21, 2016 Mot. for Contempt.) The motion alleged a then-existing arrearage of $15, 953. Id. at 2. Hasberry filed a memorandum in opposition admitting the arrearage was $15, 953 as of May 31, 2016, but he alleged that he was unemployed, indigent, and unable to pay. (May 31, 2017 Resp. in Opp. at 2.)

         {¶ 6} Approximately one year later, on June 2, 2017, a trial was held on the matter before a magistrate of the domestic court. (June 20, 2017 Mag. Decision at 1.)

          {¶ 7} On June 5, 2017, before the magistrate issued a decision on the trial, FCCSEA filed a recommendation that further support payments be terminated; Hasberry's and Mill's child had obtained the age of majority by then. (June 5, 2017 Termination Recommendation.) FCCSEA calculated a total arrearage of $17, 322.88 and recommended Hasberry be required to pay the arrearage at $243.07 ...


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