Do I have to file contempt of court for non-payment?

UPDATED: Sep 30, 2022

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Do I have to file contempt of court for non-payment?

During divorce the judge ordered my ex to pay $400 a month for 2 years for support. He has paid only a couple payments then found a job that pays under the table so has paid none. It is set up with CSEA ohio. What do I need to do to get payment or contempt of court for non-payment?

Asked on March 26, 2016 under Family Law, Ohio


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You should contact the court clerk to schedule a hearing date.  File an Order to Show Cause (court form) requesting a hearing on the contempt of court issue.  With the Order to Show Cause, attach your declaration signed under penalty of perjury stating the facts in support of your contempt of court claim.  Also, include any supporting documents that will provide evidence of your ex-husband's failure to comply with the court-ordered support payments.
Check with the court clerk to see if there are any other required documents you need to file as the required documents may vary from state to state.
File all of your documents with the court with a proof of service and mail a copy to your ex, so that he will have notice of the hearing.
Your ex may be subject to fines or incarceration for contempt of court.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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