You Have a Right to Be Heard Before the Court Can Order You to Seek Employment

Did you know that the court can order you to seek employment if you pay or receive child support? However, Ohio laws require certain conditions so that your constitutional rights are not violated. A recent Ohio appellate decision in Tassone v. Tassone provides important guidance on the procedural requirements courts must follow before issuing seek employment orders in family law cases.

What is a Seek Employment Order?

A seek employment order is a court directive requiring a child support obligor to actively seek employment when specific statutory conditions are met. Under Ohio law (R.C. 3121.03(D)(1)), courts may issue such orders when an obligor is unemployed, has no income, maintains no financial accounts, and is able to engage in employment. Similarly, a child support obligee may be ordered to seek employment under R.C. 3109.05.

Tassone v. Tassone Reinforces Your Constitutional Protections

Recently, in Tassone v. Tassone, the Ohio Tenth District Court of Appeals reversed a trial court’s seek employment order because the court issued it sua sponte (on its own initiative) without providing the obligor notice or an opportunity to be heard. The appellate court found this constituted plain error and a violation of due process rights.

The court emphasized three critical procedural deficiencies:

1. Lack of Notice: The obligor had no advance warning that a seek employment order was being considered.
2. No Opportunity to Defend: The obligor was denied the chance to present evidence regarding his current employability, including his disability status from military service.
3. Insufficient Factual Basis: The record contained no clear evidence supporting the statutory findings required under Ohio law, and there was no indication the court considered the best interests of the child.

The Constitutional Dimension

While the appellant raised Thirteenth Amendment concerns, the court’s decision focused on fundamental due process protections. The ruling underscores that even when courts have statutory authority to act, they must respect constitutional procedural safeguards—particularly when imposing obligations that significantly impact an individual’s liberty and autonomy.

Practice Implications

This decision serves as a reminder that courts must:

• Provide proper notice before issuing seek employment orders.
• Conduct hearings where affected parties can present evidence.
• Make findings based on a complete evidentiary record.
• Consider the best interests of the child in the analysis.

Family law practitioners should ensure their clients receive adequate notice and opportunity to be heard on all issues that may significantly affect their rights and obligations.

It should be noted that the appellant in this case appeared pro se. Although the appellant was successful here, he waived all rights to appellate review except plain error by failing to make a timely objections. An experienced divorce family law attorney can help navigate the rules of procedure to better help you protect your interests. Consider scheduling a consultation with a family law attorney at Isaac Wiles to discuss your options.