[Cite as Calicoat v. Calicoat, 2019-Ohio-2833.]

 

IN THE COURT OF APPEALS OF OHIO 

SECOND APPELLATE DISTRICT 

 MONTGOMERY COUNTY 

POLLY A. CALICOAT 

Plaintiff-Appellee 

v. 

KEITH B. CALICOAT 

Defendant-Appellant 

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Appellate Case No. 28231 

Trial Court Case No. 1997-LS-57 

(Appeal from Common Pleas Court - 

Juvenile Division) 

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O P I N I O N 

Rendered on the 12th day of July, 2019. 

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POLLY A. CALICOAT, 20681 Elkhart Street, Harper Woods, Michigan 48225 

 Plaintiff-Appellee, Pro Se 

 

KEITH B. CALICOAT, 266 Skyview Drive, Vandalia, Ohio 45377 

 Defendant-Appellant, Pro Se 

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HALL, J. 
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{¶ 1} Defendant-appellant Keith Calicoat appeals from a November 14, 2018 

judgment of the Montgomery County Court of Common Pleas, Domestic Relations 

Division, which found him in contempt for failure to pay a child support arrearage balance 

of $381.61. After reviewing the record, we conclude that Mr. Calicoat's arguments lack 

merit, and we affirm the judgment of the trial court. 

{¶ 2} Mr. Calicoat has failed to assert an assignment of error in his appellate 

brief.1 After reviewing his brief, we understand his argument to hinge upon his belief that 

the trial court erred by issuing the November 14, 2018 judgment finding him in contempt. 

Thus, we assign the following as Mr. Calicoat's sole assignment of error: 

THE TRIAL COURT ABUSED ITS DISCRETION BY FINDING APPELLANT IN 

CONTEMPT BECAUSE HE HAD OVERPAID ON HIS CHILD SUPPORT 

ACCOUNT. 

Procedural History 

{¶ 3} This is Mr. Calicoat’s third appeal dealing with an arrearage in his child 

support. We will not repeat the long history we detailed in his two previous appeals. The 

essence of Mr. Calicoat’s current argument is that he could not be held in contempt 

because he was not in arrears of his child support, that the arrearage stems from 

erroneous rulings at hearings held on July 27, 2012 and April 30, 2014, and that his child 

support account “has an overpayment of $681.93 which the court has not taken into 

consideration.” Appellant’s Brief at unnumbered page 3. Mr. Calicoat raised the same 

 

1 He has also failed to comply generally with the provisions of App.R. 16 regarding the 

format and content of an appellate brief. 
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argument about the inaccurate arrearage calculation, although with minimally different 

numbers, in his first appeal. Calicoat v. Calicoat, 2d Dist. Montgomery No. 28014, 2018-

Ohio-4447. There, we affirmed the judgment of the trial court denying his motion to 

vacate, for relief from judgment or to modify. Just recently, in our decision in his second 

appeal, Calicoat v. Calicoat, 2d Dist Montgomery No. 28134, 2019-Ohio-2031, we 

affirmed the trial court’s judgment overruling his subsequent Civ.R. 60(B) motion, again 

challenging the same arrearage for the same reasons. He asserted then that he had made 

“an over payment of child support in the amount of $681.93.” Appellant’s Brief at 

unnumbered page 2. 

{¶ 4} Calicoat’s singular argument in the current appeal is that the arrearage 

amount is wrong. We have twice affirmed the trial court’s rejection of Calicoat’s 

challenges of the arrearage amount and will not address it again. The doctrine of res 

judicata, a matter already decided, precludes a party from relitigating issues already 

decided by a court, or from raising matters that the party should have brought in a prior 

action. State v. Harris, 2d Dist. Montgomery No. 24739, 2012-Ohio-1853, ¶ 14. There is 

no question that Calicoat has not paid the arrearage determined by the trial court. That 

being the case, we see no abuse of discretion in the trial court’s finding him in contempt 

for failing to pay his child support arrearage balance of $381.61 in periodic payments of 

$50.00 per month. 

{¶ 5} The assignment of error is overruled. 

{¶ 6} The judgment of the trial court is affirmed. 

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WELBAUM, P.J. and DONOVAN, J., concur. 

Copies sent to: 

Polly A. Calicoat 

Keith B. Calicoat 

Hon. Timothy D. Wood