Legal Question in Family Law in Ohio

Case Settled in Probate. Can CSEA retry?

Case involves trusts set up for children. After the divorce was final,the NCP was accused by the CP of misappropriation of these funds. Because of the time and cost involved of trial, the NCP was advised by councel to propose a settlement(even though no misappropriation had occured). Settlement was accepted by the CP and both parties paid the required monies issued forth by the settlement agreement. NOW, some 7 years later, (youngest child is now 18) the CP is making the same claim of misappropriation of funds. Can CSEA force this case to be tried again because original case was settled in Probate Court not in Family Court?


Asked on 9/05/02, 10:18 am

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Case Settled in Probate. Can CSEA retry?

I have one phrase for you "res judicata". That means that if a court has already decided an issue, it does not need to decide it again. Make sure you have a certified copy of the old decree.

Good Luck!!!!

Greg Manes

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Answered on 9/08/02, 8:13 pm


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