Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Per Curiam.
{¶ 1} We affirm the judgment of the court of appeals denying a writ of prohibition to prevent appellee, Cuyahoga Support Enforcement Agency, from ordering the payment of spousal support and the withholding of money allegedly not owed by appellants, James Janosek and Welded Ring Products Company. Because no statute or other pertinent law required the agency to conduct a hearing resembling a judicial trial when it issued its notice to withhold income for spousal support, the agency did not exercise the judicial or quasi-judicial authority required for appellants to be entitled to the requested extraordinary relief in prohibition. See State ex rel. Wright v. Cuyahoga Cty. Bd. of Elections, 120 Ohio St.3d 92, 2008-Ohio-5553, 896 N.E.2d 706, ¶ 8. The authorities cited by appellants refer only to discretionary authority to hold hearings. See, e.g., R.C. 5101.37. Insofar as appellants claim that the agency is acting contrary to a trial court order, they have an adequate remedy in the ordinary course of law by way of a motion for contempt in the trial court case. See State ex rel. Weaver v. Ohio Adult Parole Auth., 116 Ohio St.3d 340, 2007-Ohio-6435, 879 N.E.2d 191, ¶ 6.
Judgment affirmed.
PER CURIAM.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 2009-0705.
Decided: September 16, 2009
Court: Supreme Court of Ohio.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)