[OH] [OH] How do I appeal a judge’s decision to ignore evidence?

Lexi, Chatbot

I understand that navigating the legal process can be confusing, especially regarding child support matters. Can you tell me if you have already attended any hearings related to this objection?

Lexi, Chatbot

Have you received any specific instructions or documents from the court regarding the upcoming transcript hearing?

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.

Dan

Hello and welcome. My name is Daniel, and I’ve been a licensed lawyer for over 21 years. I’m truly sorry you’re going through this, and I’m here to help. What would you say is your main concern right now? I want to make sure I understand what matters most to you.

Dan

Are there any important deadlines coming up that we should be aware of as we look at this?

Dan

Okay, thank you. Thank you so much for your patience as I work on your answer. I’ll have it ready for you shortly!

Dan

Thanks for sharing all of that with me. I really appreciate you taking the time to explain. I’ve gone through everything carefully and put your answer together below. Please take your time reading it, and let me know if anything feels unclear or if you have more questions.

Dan

When the court mentions that your transcript hearing on 8/14 will include going over the objection you filed and that a schedule will be made for payment, completion of the transcript, arguments, and decision dates, it means this hearing is more than just a review of the transcript itself. The court will discuss the timeline for completing the official written record of the prior hearing (the transcript), set deadlines for when you and the other party can submit arguments or responses related to your objection, and outline when the court expects to make a decision.

“Arguments” here refers to the chance for both sides to explain their positions in writing or sometimes in court, so the judge can fully understand why you believe the magistrate’s decision should be changed.

Since this is your first hearing after filing the objection on your own, think of it as a planning or scheduling meeting where the court organizes how the case will move forward. You won’t necessarily present all your evidence or make your full argument at this point, but it’s important to be prepared to discuss the process and make sure the court knows you want to properly present your side.

It’s understandable to feel a bit overwhelmed, especially if you expected this to be only about the transcript, but this hearing is about setting everything up so your objection can be fully considered in the following steps.

You also mentioned your custody trial is scheduled for 8/6 with a lawyer, which means you’re managing two important family court matters close together. It’s okay to feel uncertain juggling these, but focusing on the 8/14 hearing as a chance to get a clear schedule will help reduce confusion and keep things on track. You can prepare by reviewing your objection and thinking about what you want to emphasize later when it’s time to argue your case fully. Does all of that make sense to you?

Dan

Based on what you’ve described, the core legal issue is that a magistrate in Ohio is supposed to consider all relevant evidence when determining child support and potential deviations, including changes in income and financial circumstances under Ohio Revised Code §3119.23. If the magistrate refused to consider your evidence or conducted a second hearing that disregarded prior CSEA findings, you can raise that in your written objections and, if necessary, an appeal to the judge.

Right now, your next step is to make sure your objections clearly explain the evidence that was excluded and why it matters to the calculation. You can reference Ohio Evid. R. 104 and 105 (OH Rules of Evidence) regarding the admissibility of evidence, and note that you attempted to present medical documentation and her reduced expenses as a basis for deviation. It can also help to document how discovery was blocked, as that may show the court that your ability to present a fair case was compromised.

If the judge sees that relevant evidence was improperly excluded, the court can sustain your objection and either recalculate support or send the case back for a new hearing.

In the meantime, continue to keep thorough records of your income, medical treatment, and any expenses or communications that support your position. When you appear at the transcript or objection hearing, stay calm and organized, and explain to the judge that you are asking for a fair review of all your evidence before any final order is entered. Judges understand that pro se litigants are doing their best under pressure, and showing that you’ve been thorough and persistent can work in your favor.

Dan

Does all of that make sense to you? I want to make sure everything is clear and that you feel comfortable with the information I’ve provided. If you have any follow-up questions or want me to explain anything further, just let me know. And if everything makes sense, feel free to reply with “all set.” Thanks so much!

Dan

Thank you for explaining that in detail. Submitting a “generic” objection first is common for pro se parties because it preserves your right to challenge the magistrate’s decision, and your attorney can later file a supplemental memorandum with statutes and supporting evidence.

In Ohio, objections to a magistrate’s decision are governed by Ohio Civ.R. 53(D)(3)(b), which allows a party to file objections within 14 days and supplement them with a transcript and supporting documents. Even without statutes in your initial filing, the court will still consider the issues you raised if you provide the evidence and transcript later.

Right now, the most important step is to organize all of the evidence you were prevented from presenting. This includes your discovery requests and the responses showing they withheld information, the emails to opposing counsel demonstrating good-faith efforts to resolve discovery disputes, your medical documentation proving reduced income, and the evidence that the mother pays no rent, childcare, or other expenses.

Each of these pieces of evidence directly supports your argument that the magistrate denied you a fair hearing by refusing to consider relevant evidence and discovery responses, which ties into your due process argument under the Fourteenth Amendment.

Thank you so much for sharing your questions with me. I’m really glad you reached out, and I truly appreciate the opportunity to help.

Dan

If you ever have more questions or need further assistance, please feel free to return to AskaLawyer anytime.