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
Definition and Meaning
The Ohio Post Decree Motion for Contempt and Affidavit in Support is a legal document filed in the Court of Common Pleas, Domestic Relations Division. It is used to request the court to hold a party in contempt for violating a court order. This motion is critical for enforcing compliance with existing court directives regarding matters like child support, spousal support, or parenting time arrangements.
How to Complete the Form
Filling out the Ohio Post Decree Motion for Contempt requires specific information:
- Plaintiff Information: Provide your name, address, city, state, and ZIP code.
- Defendant Information: Include the name and address of the person you are filing against.
- MOTION Section: Clearly state the reasons for your motion and check applicable boxes for violations, including parenting time interference or failure to pay support.
- Affidavit Section: Do not sign until you are in the presence of a notary public.
- Hearing Notice: Specify the date and time of the hearing, along with the location of the court.
Ensure all necessary documents and evidence are prepared for submission during the hearing.
Who Should Use This Form
This form is intended for individuals who have an existing court order concerning child support, spousal support, or parenting time that they believe is not being followed. If you are a parent or guardian facing issues related to compliance with a court order, this motion provides a structured way to seek enforcement through the legal system.
Key Components of the Form
The Ohio Post Decree Motion for Contempt consists of several essential components:
- Case Number: Identifies your specific court case.
- MOTION Statement: Details of the contempt being claimed, including specific issues such as payment failures or violations of parenting time.
- Affidavit: A sworn statement verifying the accuracy of the claims made within the motion.
- Hearing Information: It provides details regarding where and when the hearing will take place, allowing both parties to prepare accordingly.
Legal Use and Context
The Ohio Post Decree Motion for Contempt is legally recognized within Ohio's court system. It is used when one party believes that another has failed to comply with court orders. Typically, this motion is filed after informal attempts to resolve issues have failed, providing an official means to seek the court’s assistance in enforcing compliance.
What Documents You May Need Alongside This One
When filing the Ohio Post Decree Motion for Contempt, it’s advisable to accompany it with relevant documents including:
- Copies of previous court orders related to the case.
- Proof of any payment discrepancies, such as bank statements or payment receipts.
- Medical bills or records if seeking reimbursement for expenses.
- Any correspondence related to violations of the court order.
Having these documents ready can strengthen your case during the hearing.
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.