The Ohio Court of Appeals ruled on September 11, 2026, in the case of Wilson v. Cannon (C-250474), reversing a previous child support order against Terry Cannon II. The court found that Cannon was not properly served with notice of the original child support hearing, which is crucial for establishing jurisdiction. This decision affects Cannon, who has been ordered to pay child support for years without proper legal notice.
The case highlights the importance of proper legal procedures in child support cases, particularly regarding service of process. The ruling underscores that a lack of proper service can render a child support order void, impacting how such cases are handled in Ohio.
Background
The parties involved in this case are Latrice Wilson, the mother of the child, and Terry Cannon II, the father. The dispute began in 2008 when the Hamilton County Child Support Enforcement Agency (CSEA) attempted to establish a child support order against Cannon. Cannon signed an acknowledgment of paternity in 2003, confirming his legal responsibility for the child.
In October 2008, the CSEA tried to serve Cannon with notice of a child support hearing via certified mail to an address in Cincinnati, Ohio. However, the U.S. Postal Service returned the notice as “unclaimed.” The agency then sent the notice via ordinary mail to the same address. On December 16, 2008, the CSEA issued an administrative order requiring Cannon to pay $0 in child support, which was later registered with the Hamilton County Juvenile Court.
Over the years, the CSEA modified Cannon's child support obligations, with the most recent order in June 2022 terminating his monthly payments but imposing arrearage payments. In April 2024, Cannon faced contempt charges for failing to pay and subsequently filed a motion to dismiss the child support order, claiming he was never properly served.
The Ruling
The Ohio Court of Appeals, led by Judge Crouse, reversed the juvenile court's judgment, stating that the lower court had committed plain error by denying Cannon's motion to dismiss. The court emphasized that proper service of process is essential for establishing jurisdiction in child support cases. The ruling stated, "If father was not served, the order was void, and no amount of actual notice or delay can change that."
The court's decision highlighted that the CSEA failed to serve Cannon at an address where he could reasonably expect to receive mail. The court also noted that the magistrate's reliance on the fact that Cannon had actual notice of the child support order was misplaced, as actual notice does not substitute for proper service.
Impact
This ruling has significant implications for child support enforcement in Ohio. It reinforces the necessity for child support agencies to adhere to strict service requirements when establishing support orders. The court's decision clarifies that a child support order can be deemed void if the obligor is not properly served, regardless of any subsequent knowledge of the order.
The ruling may set a precedent for similar cases, emphasizing that due process must be upheld in child support proceedings. This decision could lead to a reevaluation of past child support orders issued under questionable service practices, potentially affecting many families in Ohio.
What's Next
The case has been remanded to the juvenile court to determine whether Cannon was properly served and if he is entitled to restitution for the payments made under the void order. This ruling opens the door for Cannon to potentially recover funds that he paid under the invalid support order.