Friday, March 07, 2008

Domestic Relations Purge Hearing Sentences Held February 15, 2008

04PA0185 Elissa A. Minor v. Robert M. Frazier

Mr. Frazier was found in contempt of court on October 31, 2007. For the four month purge period, to avoid jail, Mr. Frazier was ordered to pay his original child support amount of $224.81 per month plus $44.96 per month toward his arrearage plus 2% administrative fee per month to CSEA. His purge period total due was $1,100.66; Mr. Frazier made his last payment in November 2007 for a total paid $446.88, or 41% compliance. At the purge hearing held February 15, Judge Mary Kovack found the defendant to be incarcerated. Under Ohio Law, incarceration is not a defense regarding nonpayment of child support obligation. The judge ordered the defendant to serve ten consecutive days in the Medina County jail concurrent to the time he is currently serving on unrelated charges.



01PA0186 Stefanie D. Bird v. Dennis J. Staten, Jr.

04PA0108 Tanya M. Shrout v. Dennis J. Staten, Jr.

Mr. Staten is the defendant in two cases. He was not present for the purge hearings held February 15, 2008. In the first case, he owes over $18,000 and made no payments. In the second case, he owes over $19,000 and made no payments. In each case, Judge Kovack found that he had not purged his contempt and ordered him to serve 4 days in the county jail upon apprehension for each case, with the two sentences to be served consecutively.
Domestic Relations Purge Hearing Sentences held February 15 and 22, 2008

01PA0004 Kim Petrush v. Donald Harvey
Mr. Harvey was found to be in contempt of the Court's child support order on September 27, 2007. During his four month purge period to avoid jail, Mr. Harvey was ordered to pay $108.92 per month toward his ongoing child support obligation, plus $10.84 per month toward his arrearage, plus 2% administrative fee per month to CSEA for a total purge period balance due of $488.84. During the purge hearing held February 15, 2008, he is represented by Attorney Shayne Sankoe. Mr. Harvey had made payments of $441 and provided proof of $123 payment in February. Mr. Harvey was found to have purged his contempt with 100% compliance.



05DR0008 Augustine v. Nick Augustine

Mr. Augustine was originally found to be in contempt of the Court's order for child support on July 06, 2007. At that time, Mr. Augustine owed $23,159.64 in back child support. During his purge period to avoid jail time, Mr. Augustine was to pay $537.50 per month toward his ongoing child support obligation, plus $10 per month in spousal support, plus 2% administrative fee per month. He was not ordered to pay any amount toward his arrearage during the purge period. The Court held a purge hearing on January 22, 2008 at which Mr. Augustine was not present, and the Court found that he had not purged his contempt. Upon learning of the hearing and sentence, Mr. Augustine requested to have another purge hearing in which he would be present. Upon consideration of Mr. Augustine's request, Judge Kovack vacated the jail sentence and held another purge hearing on February 22, 2008. At this hearing, Judge Kovack found that he had not purged, but allowed Mr. Augustine to report to jail in 45 days. He could avoid the jail sentence by paying $1,120.50 plus his March and April obligation by 4 PM on the 45th day. A hearing is set for April 18, 2008 to review this matter.



89PA0028 Carla Cart v. Timothy Riffel

The parties submitted an agreed judgment entry on September 09, 2007, in which the parties agreed that Mr. Riffel was in contempt of the Court's order for child support. During the four month purge period to avoid jail time, Mr. Riffel was ordered to pay $204.62 per month toward his monthly child support obligation, $50 per month toward his arrearage plus 2% administrative fee per month for a total of $259.71 per month. He has a total child support balance due of $17,150.48 (including a purge total of $1038.84). During the purge period, Mr. Riffel had made payments of $600 even and $200 even for a purge total paid of $800. The hearing was continued for 90 days with instructions to Mr. Riffel that he must at least make regular monthly payments, even if it is not the full amount. A hearing is set for May 23, 2008 to review the matter.