Salloum v. Falkowski

The Supreme Court affirmed the judgment of the court of appeals denying Appellant’s petition for a writ of prohibition in this case seeking modification of child support. After a Florida dissolution decree was registered in Ohio, Mother filed the motion to modify child support. Father moved to dismiss, arguing that the Ohio trial court lacked subject matter jurisdiction over the motion to modify child support. Judge Colleen Falkowski denied the motion to dismiss, finding that jurisdiction to rule on the motion to modify child support was provided by Ohio Rev. Code 3115.611(A)(2). Thereafter, Father filed a petition for a writ of prohibition seeking an order preventing Judge Falkowski and a magistrate of the common pleas court (collectively, Appellees) from exercising further jurisdiction over the motion to modify child support. The court of appeals dismissed Father’s petition, finding that Father failed to demonstrate that Appellees lacked jurisdiction to proceed. The Supreme Court affirmed, holding that the trial court did not patently and unambiguously lack jurisdiction to determine whether section 3115.611(A)(2) authorized it to rule on Mother’s motion to modify the out-of-state child-support order. View "Salloum v. Falkowski" on Justia Law