[OH] [OH] How to contest a child support increase in Ohio
In Hamilton County, Ohio, how can I contest a child support increase after the magistrate excluded my evidence—should I object, appeal, or file a motion to vacate?
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Child support objection case — my ex filed saying, “I am the sole financial provider for the children and this has caused significant hardship.” She stonewalled my discovery requests when I tried to get proof. I have her discovery answers from our custody battle where she states she pays $0/month for rent, health insurance, and childcare. I pay $1,600/month in rent and $624/month in insurance. I have a medical condition and my doctor has restricted the number of hours I can work. The magistrate refused to allow me to present this evidence at trial. My obligation rose from $887/month to $1,302/month with $10,825 in arrears. Custody trial is August 8th. What should I do pro se since I can’t afford a lawyer? Object, appeal, motion to vacate? I’m also going to CSEA to request an administrative review and give them proof of her low cost of living and my work restriction. This is in Hamilton County, Ohio.
Lexi, Chatbot
I understand how challenging this must be. Have you already filed any formal objections or motions regarding the child support order?
No, I will do that on the 28th.
Lexi, Chatbot
Are you currently receiving any assistance from local legal aid organizations?
No, I earn too much gross pay to qualify.
Lexi, Chatbot
Is there anything else the family lawyer should know before I connect you? Rest assured, they’ll be able to help with your child support objection.
No.
Andres Sanchez
Hello, my name is Andres Sanchez and I am an attorney with 18 years of experience. How are you?
Not great.
Andres Sanchez
I’m sorry to hear that. I’ve no idea how a magistrate can’t allow you to present evidence.
All the info is above.
Andres Sanchez
Here’s a clear, stronger approach you can take as a pro se litigant in Hamilton County, Ohio, before your August 8 custody/support trial:
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File Objections to the Magistrate’s Decision (Civ.R. 53 / Local Rule 23)
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You have 14 days after the magistrate’s decision to file objections.
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Attach a memorandum in support and highlight:
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Her sworn discovery stating $0 for rent, insurance, childcare.
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Your rent ($1,600), insurance ($624), and doctor’s work-hour restriction.
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Argue the exclusion of your evidence was an abuse of discretion and denied you a fair opportunity to defend.
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Motion to Set Aside/Vacate Under Civ.R. 53
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Ask the judge to vacate/modify the decision because key financial evidence was improperly excluded.
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Cross-reference your objections so the judge considers everything together.
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CSEA Administrative Review (in parallel)
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Submit the administrative review request and provide proof of her minimal expenses and your medical work limitation.
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If the recalculated amount differs by more than 10%, support may be adjusted.
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Prep for Court Like a Lawyer
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Proper filing and service.
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Gather pay stubs, rent/insurance proof, physician restriction letter.
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Attach her prior discovery responses (showing $0 expenses).
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Prepare a short sworn statement summarizing your financial hardship and the excluded evidence.
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If the Judge Still Disregards It
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Consider a Civ.R. 60 post-judgment motion (for mistake or misconduct) or appeal to the First District Court of Appeals for abuse of discretion.
Custody — I have a lawyer. Good to know the rest. I know to object I need a transcript, which I cannot afford. How do I manage that?
You’re right — under Civ.R. 53(D)(3)(b)(iii), if your objections challenge factual findings, you generally need a transcript. If you can’t afford one:
Option A — Motion to Proceed In Forma Pauperis (for Transcript Costs):
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File a “Motion to Proceed In Forma Pauperis for Transcript Preparation” with a financial affidavit.
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Explain you need the transcript to support objections under Civ.R. 53.
Option B — Statement of Evidence (App.R. 9(C)) if No Transcript:
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File a Statement of Evidence summarizing what happened at the hearing: what you tried to introduce, the magistrate’s refusal, and why it mattered.
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Serve it on the other side; then submit to the court for approval.
And when I object, will the judge review it or the magistrate? I’d rather not have that same magistrate if possible.
Andres Sanchez
The judge reviews objections to a magistrate’s decision — not the magistrate.
Process: Magistrate issues decision → you file objections (with transcript or 9(C) statement) → assigned judge reviews and can adopt, modify, reject, or remand with instructions.
If I can’t afford a transcript, how do I have the judge see the denial of evidence?
Andres Sanchez
Use Appellate Rule 9(C) — Statement of Evidence. Include:
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That you attempted to introduce your rent ($1,600), insurance ($624), doctor’s limitations, and her sworn $0 expense answers.
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That the magistrate refused to admit this evidence.
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That you objected at the hearing and why it was relevant (she claimed sole financial provider; your hardship; accuracy of income/expense picture).
Template Heading:
STATEMENT OF EVIDENCE UNDER OHIO APP. R. 9(C)
I, [Your Full Name], pro se, submit the following statement of evidence from the [date] hearing before Magistrate [Name] in Case No. [XXXX]:
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I attempted to introduce documentary evidence of my monthly rent ($1,600), health insurance costs ($624), and a physician’s note limiting my work hours due to a medical condition.
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I also sought to reference the opposing party’s discovery responses in our custody matter, where she stated under oath that she pays $0 for rent, childcare, and health insurance.
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The magistrate denied admission of these items.
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I objected on the record and explained the relevance to rebut her “sole provider” claim and to establish my financial hardship.
I respectfully submit this as a true and accurate recollection of the hearing.
Awesome, thank you!
Andres Sanchez
You’re welcome. I hope everything works out for you. If you need help polishing your objections or the 9(C) statement, I can format them for filing.
Andres Sanchez
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