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Contempt

While the hope of everyone in a divorce or custody case is that the order will work for both parties and everyone follows the final order, that is not always how events will play out. When a party fails to comply with a part or all of a court’s order, the other party must file a motion for contempt in order to enforce the order. Reasons for filing a motion for contempt can include:
  • Non-payment of child support;
  • Violation of visitation schedules;
  • Non-payment of spousal support;
  • Failure to timely transfer assets ordered in a final divorce decree.
If the party is found to be in violation of the court’s order, they can be ordered to take steps to become compliant with the order, ordered to pay monetary sanctions and, and possibly sentenced to jail. Under Ohio law, when a party is found in contempt, they SHALL pay the attorney fees incurred by the other party to bring the contempt case.

What do I need to prove my contempt case?
The party required to provide proof to show contempt is the party bringing the action. Therefore, you must have proof of the contempt to show the court. You do not want to go before the judge to not be able to show that you have a good case of contempt. The steps you should take before initiating a contempt case are:
  • Read the court order to make sure you are correct about the violation;
  • Speak to legal counsel about your claim;
  • Attempt to negotiate the issue outside of court to resolve the problem with legal proceedings;
  • Make sure you have documentary proof of the contempt, such as a list of missed visitation; missed child or spousal support payments with bank statements, or other such documents.
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If you do proceed to filing a contempt action, make sure that you file the motion with the correct court, have the motion served to the other party, and attend your hearing with your proof.
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If you determine that you need legal assistance, speak with our family law attorney, Kelly Parks. Our firm has the experience to help you achieve the best chance for the resolution most favorable to you.

Attorney Kelly Parks
Family legal issues can be difficult to navigate, but Kelly Parks can help you find your way through to the other side. Parks and Meade know the system, and they know how to help you find the best possible solution for your family. We provide services in: