Ohio Post Decree Motion for Contempt and Affidavit in Support is a legal document filed by a party in an Ohio family court after a divorce decree is entered. It is used to document an alleged violation of the terms of the divorce decree or any court orders issued during the divorce proceedings. The motion must include both the facts supporting the motion, and a request for enforcement of the court order. The Affidavit in Support is a sworn statement by the party filing the motion that provides further details and evidence related to the alleged violation. There are two types of Ohio Post Decree Motion for Contempt and Affidavit in Support: civil and criminal. Civil motions are used to address violations of the terms of a divorce decree or court orders that do not rise to the level of criminal offenses. These violations may include failure to pay child support or spousal support, failure to comply with visitation orders, or failure to transfer certain assets as ordered by the court. Criminal motions are used to address violations that may constitute criminal offenses such as contempt of court, violation of a restraining order, or interference with a custody order. The motion must include a statement of the facts of the violation and a request for enforcement of the court order. The Affidavit in Support must include a sworn statement of the facts supporting the motion.
Ohio Post Decress Motion for Contemp and Affidavit in Support
Description
Key Concepts & Definitions
A post decree motion for contempt involves a party requesting the court to enforce a previous order and assert that another party has failed to comply with that order. This often relates to cases of child support, custody petitions, and civil protection orders. An affidavit provides sworn evidence supporting the motion. Terms like bankruptcy service and lawyer expenses also often surface in discussions of financial obligations related to these motions.
Step-by-Step Guide
- Identify the Needs: Determine if violations of child support, custody, or protection orders occurred.
- Gather Documentation: Collect necessary documents, including previous court orders, payment records, and personal income information.
- Prepare an Affidavit: Draft an affidavit support detailing the violations. This is a sworn statement used as evidence.
- File the Motion: Submit the motion and affidavit to the court. Court fees may apply, and legal guidance is recommended.
- Attend the Hearing: Both parties will argue their position. Be prepared with all relevant documentation and legal support.
Risk Analysis
Filing a post decree motion for contempt carries risks such as legal costs, potential counter-motions, and the uncertainty of judicial outcomes. Misrepresenting information in an affidavit could lead to legal consequences including charges of perjury.
Key Takeaways
- Ensure all documentation, especially income information and proof of obligations, is thoroughly prepared.
- Legal advice is critical in navigating the complexities of post-decree motions.
- Understand the potential financial and legal consequences of both filing and facing such motions.
How to fill out Ohio Post Decress Motion For Contemp And Affidavit In Support?
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FAQ
The court notifies the person summoned of the possible penalties and the right to an attorney. At the hearing, both parties will appear to present their arguments, and the judge will make a decision and issue an order based on these arguments.
If you willfully avoid paying court ordered child support, you can be prosecuted as a felon for criminal nonsupport under the Ohio Revised Code. If convicted, you can be sentences to prison for up to 18 months for each child you did not support. Your will still owe when released.
When the unpaid child support reaches an excess of $5,000, it is considered ?criminal nonsupport,? and special prosecutors seek a felony conviction. This is also the case if 26 payments are missed out of a running total of 104.
You must file the motion with the Clerk of Court located in Room 35, on the ground floor of the Cuyahoga County Courthouse, 1 W. Lakeside Ave., Cleveland, Ohio 44113. You will be required to pay a ?filing fee? to the Clerk of Court at the time you file the motion.
First offense ? a fine of not more than $250.00 and/or a definite term of imprisonment of not more than thirty days in jail or both. b. Second offense ? a fine of not more than $500.00 and/or a definite term of imprisonment of not more than sixty days in jail or both.
Support contempt is a civil action, but is unlike other debt collection matters, because it carries with it a potential jail sentence. If a parent is held in contempt, he or she may receive jail time, which typically lasts between 30 to 90 days.
Being found in contempt can result in fines, sanctions, and even jail time. Court orders may also order a person not to do something. This could be a parent being ordered not to disparage the other parent in front of their child.