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

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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

Answers:

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

Answered 4 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.


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