Friday, September 03, 1999
Woman sues over bond going to child support
Practice longstanding, county official says
BY BEN L. KAUFMAN
The Cincinnati Enquirer
A Mount Healthy resident sued Hamilton County on Thursday, saying bonds posted in certain cases are applied illegally to unpaid child support.
Cheryl Denton says she put up $800 for a friend and it was applied to his child support account rather than being returned to her when he appeared in court.
She says that violates the Fifth Amendment ban on taking private property for public use without fair compensation, and that it violates her Fifth Amendment right to due process because she never had a chance to protest.
Her suit, filed in U.S. District by attorneys Stephen R. Felson, Robert B. Newman and Lisa T. Meeks, asks Judge S. Arthur Spiegel to declare the county practice unconstitutional, to certify the suit as a class action, and to order repayment of improperly confiscated bonds and award damages.
Defendants are County Commissioners Bob Bedinghaus, Tom Neyer Jr. and John Dowlin, and the county Child Support Enforcement Agency.
Mr. Felson said Ms. Denton posted bond in March 1998 for boy friend James Kinney when he was arrested on a contempt charge of failing to appear in Juvenile Court.
Mr. Felson said Mr. Kinney was at least $15,000 behind in payments to his two children.
In April 1998, the Juvenile Court issued a magistrate's decision “re: contempt of support order” that said, “Apply 800.00 bond to child support arrearage.”
That was illegal, the suit says, because Ms. Denton is unrelated to Mr. Kinney's children and had no legal obligation to support them.
“Sounds right to me,” Mr. Dowlin responded when Ms. Denton's argument was explained. “Does she want a witness?”
However, Mr. Dowlin said thecounty's official response must come from the prosecutor's office.
Melinda Klenk, administrative director of case management for Juvenile Court, said Ms. Denton's bond money was handled according to longstanding policy and practice.
A magistrate can return a bond, apply it to unpaid child support regardless of who posted it, or hold the money until the case is over, when it will be returned or applied to outstanding support bills, she said.
Mr. Felson said he was not surprised that the practice had gone unchallenged for years because attorneys handling child-support cases rarely are civil-rights lawyers.
City very 'politically incorrect'
Sheriff defends legal work
Leis withdraws suit that fueled controversy
City's development director leaving
Officers' taped statements about shooting released
Art Museum should 'reach out'
Swimmer heads 100 miles down the Ohio to help orphans
Clermont slaying a mystery
DeWine gives endorsement to McCain
DOE tests new ways to ship soil
FOP spreads out backing for council
Home rule sounds good to officials in Anderson
Legion's souvenir bomb still fused
p8 Smog alert issued for today and Saturday
Clooney moves to WSAI
Sorry, kids: 'NSync is an 'NSipid rip-off
Darts get the story
Dryness' effect on leaf colors still up in the air
GET TO IT
14-year-old arrested in beating death
Accused robber agrees to cooperate
Cable project likely at its end
Columbus looks into police officers' sex with prostitutes
County proposes sharing airport costs
Ex-administrator seeks to join board that fired her
Family barn canvas for logo
Five state reps oppose area code change
Franklin Jr. High getting new boss
Grenades found along Ohio River bank
Man gets prison for benefits theft
Mason, Deerfield in court yet again
Police seek five suspects in jewelry store robbery
Schools told to protect records
St. Antoninus rebuilds school
Thriftway store may take over school site
TRISTATE DIGEST
Willie Nelson draws for Ky. candidate
Woman sues over bond going to child support
