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Boggs v. Boggs3/3/1997
WILLIAM B. HOFFMAN, Judge.
Defendant-appellant Roy F. Boggs, Jr. appeals the entry of the Court of Common Pleas of Stark County, Domestic Relations Division, holding him in contempt and ordering him to pay child support and spousal support to plaintiff-appellee Beatrice G. Boggs.
The parties were married on April 18, 1980. Two children were born of this marriage: Sarah R. Boggs (born May 1, 1985) and Deborah L. Boggs (born February 8, 1988).
Appellee is thirty-nine years old and a high school graduate. The record reflects she has had a number of jobs for short periods of time, some of which were terminated voluntarily and others nonvoluntarily. Appellee testified that she has been unable to gain and maintain stable employment due to lack of child care, lack of transportation, and a persistent back injury. Appellant is thirty-eight years old. His educational background includes a G.E.D. and a year of college. He was employed at Republic Engineered Steel for six years and received an annual salary of $38,000 during his final year of employment there. In November 1994, during the pendency of the instant divorce action, appellant quit his position at Republic Engineered Steel and accepted employment at Bliss & Laughlin in Medina, Ohio, for an annual salary of $23,250. Appellant explained that he changed positions because he felt it would be beneficial for his health in light of the allegedly poor working conditions at Republic Engineered Steel.
On March 1, 1994, appellee filed a complaint for divorce in the Court of Common Pleas of Stark County, Domestic Relations Division. Via entry filed May 2, 1994, the referee issued a report, naming appellee temporary legal custodian of the two minor children and ordering appellant to pay temporary child support and spousal support and have "no visitation in the presence of non-relative adults of the opposite sex" ("no-contact order"). The report was adopted by the trial court via entry filed June 29, 1994.
On August 12, 1994, appellee filed a motion to hold appellant in contempt for violating the court's no-contact order. On August 31, 1994, appellant filed a motion to dissolve the no-contact order and a motion to hold appellee in contempt for failing to "engage in a good faith effort to either seek or retain gainful employment." The matter came on for hearing before a referee on September 22, 1994.
Via report filed October 17, 1994, the referee recommended that appellant's motions to dissolve and to hold appellee in contempt be denied and that appellee's motion to hold appellant in contempt for failing to honor the no-contact order be granted. Appellant filed objections to the report on November 9, 1994. Due to various scheduling delays, appellant's objections did not come on for hearing until May 15, 1996. Via judgment entry filed July 1, 1996, the trial court overruled appellant's objections, noting that appellant failed to provide the court with a transcript of the September 22, 1994 hearing before the referee.
In the interim, on December 20, 1994, appellee filed a second motion to hold appellant in contempt for violating the no-contact order. The motion was heard before a referee at the trial on the divorce complaint on May 24, 1995 and August 30, 1996. Via report filed October 2, 1995, the referee recommended that appellant be held in contempt for both violating the no-contact order and failing to pay child and spousal support. Over appellant's objection, the trial court approved the referee's findings and recommendations via entry filed March 27, 1996. Appellant was thereafter sentenced to sixty days in the Stark Co
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