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Judge Robert W. Hutcheson |
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2100 Greene Way Blvd.
Xenia, Ohio 45385
Office Hrs: Monday - Friday
8:00 am - 4:00 pm
Phone: (937) 562-4000
Fax: (937) 562-4010 |
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F.A.Q.'s
(Frequently Asked Questions) |
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Child
Support
1. When does my
child support obligation stop?
Answer:
Ohio Law requires a
parent to pay child support until the child turns 18;
however, if that 18-year-old is still enrolled in a
secondary school program, the support obligation continues
until the child graduates or turns 19, whichever happens
first.
2. Who claims
the child as a tax exemption?
Answer:
If there is a court order, parties are to follow the order.
If there is no order, the person providing more than six (6)
months of the child's care, shall claim the child as a tax
exemption.
3. How do I
object to an Administrative Order?
Answer:
Greene County Juvenile Court provides the objection form for
the public to file. A copy of the Administrative Order must
be attached to the objection form when filed. |
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Contributing
1. Can I get a
court appointed attorney?
Answer:
You must contact the Public Defender's Office at
937-562-5041 to see if you qualify. If the answer is no,
then you must provide your own attorney, if you want one.
Anyone applying for a public defender appointment must pay a
$25.00 indigent application fee, which is payable to
Juvenile Court, unless waived by the Court.
2. What is the
cost if I'm found guilty?
Answer:
There are usually court costs, sheriff's fees, and subpoena
fees imposed on the defendant. There may or may not be a
fine imposed. |
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Custody
and Visitation
These are
questions the Court will ask you if you inquire about
getting custody of a child or visitation with a child:
1. Has
custody ever been determined in another Court?
Answer:
If the answer is yes and
the other Court is located in Ohio, you must first file your
custody action in that Court, because it has continuing
jurisdiction over the case. You may request that the Court
transfer jurisdiction to Greene County Juvenile Court, if
the child has become a resident of Greene County.
If the answer is yes and the other Court is
located in a state other than Ohio, you may file a custody
action in Greene County, if Ohio is the home state of the
child and the child resides in Greene County. The Ohio
Court will share records with the out-of-state Court and the
two Judges will have a recorded teleconference to determine
which state is the more appropriate forum to exercise
jurisdiction. A hearing on the issue of jurisdiction may be
necessary before a determination is made.
2. Were
the parents married / divorced?
If yes, you must contact the Domestic Relations Court in the
County where the divorce was filed.
3. Does
the child reside in Greene County?
If no, you must file in the county where the child resides
unless Greene County Juvenile Court has made a prior custody
determination.
4. Will
the mother/father/legal custodian sign a waiver of summons
for custody, visitation or shared parenting?
If the answer is no, then you must contact the law library
for the proper paperwork to file on your own, or, we suggest
you contact an attorney.
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Delinquency and Traffic
Cases
1. When is my
court date?
Answer:
You will be notified by mail (regular mail or certified
mail) with the date of your court hearing.
2. May I
reschedule the court date?
Answer:
The court generally allows the date to be rescheduled one
time. If the date is for a contested hearing/trial, the parties must request
the continuance in writing.
3. Must I appear
or can I just pay a fine?
Answer: If
you live in Greene County, you must appear with a parent or
guardian. If you don't live in Greene County, the ticket or complaint
will be transferred to the Juvenile Court in the county of your residence.
The exception is that if the complaint is a felony, you will appear in
Greene County Juvenile Court.
4. How do I get
driving privileges when my license is suspended by the Court?
Answer:
You must request driving privileges in writing from the magistrate or
judge who presided over your case. |
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Restitution
1. I'm the
victim of a crime by a juvenile. How do I seek reimbursement for
the damages or loss I incurred?
Answer:
You must provide documents substantiating your loss, i.e. medical/dental
bills, estimates for repair or replacement, receipt for purchase of the
item damaged or stolen.
2. I was ordered
to pay restitution to a victim. How do I do that?
Answer:
Payments may be made by cash, check or money order payable
to Greene County Juvenile Court. The payments may be made in person at
2100 Greene Way Blvd., 2nd Floor, Xenia, OH 45385, or mailed to the same address.
Credit cards are not accepted. If you are using a money order or
cashier's check, make sure that you have the exact amount due.
Additionally, change will not be given if you present a money order or
cashier's check, so make sure it's the right amount. And, please write
your case number on the check or money order. |
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Sealing
and Expungements
“Seal a record”
means to remove a record from the main file of similar
records and to secure it in a separate file that contains
only sealed records accessible only to the Juvenile Court.
If the Court finds a
person to be a juvenile traffic offender, an unruly child
and/or delinquent (exceptions: aggravated murder, murder,
rape, sexual battery, gross sexual imposition), they may
file an application with Juvenile Court requesting that the
record be sealed.
The application may
be filed after two years have elapsed since the Court’s
final dispositional order or since the person’s discharge
from probation or parole.
The application will
be granted only if the Court finds that the person has been
rehabilitated to a satisfactory degree. The Court may
schedule a hearing,
and the applicant would be responsible for a filing fee of
$15.
“Expunge” means to
destroy, delete and erase a record, so that the record is
permanently irretrievable.
The Court shall
expunge all records that were sealed five years after the
order sealing the record was issued or upon the 23rd
birthday of the person, whichever is earlier. An
application may be filed with Juvenile Court requesting that
the record be expunged earlier.
A person whose
record has been sealed and/or expunged may reply, that no
record exists regarding said person. |
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Paternity
A party may file
a complaint for paternity in the county in which the mother
resides, in the county in which the child resides, or
in the county where the reputed father resides.
1. How can I
change my child's name on his/her birth certificate?
Answer:
You must file a Complaint for Paternity for Name Change
Only.
2. How do I know
if paternity has been established?
Answer:
If an acknowledgment
of paternity was signed by the reputed father and has become
final ( 60 days has elapsed since the signing and no
rescission of acknowledgment has been filed), or paternity
has been established either through an administrative order
issued by the county’s Child Support Enforcement Agency or
through a Judgment issued by Juvenile Court. It is strongly
encouraged that the reputed father participates in genetic
testing, to have a scientific determination of paternity.
These tests are usually available through the Child Support
Enforcement Agency if paternity has not already been
established. |
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