Purge of Contempt not followed

[Stressssed]

What is the name of your state (only U.S. law)? OH

I filed a Contempt motion pro se against NCP regarding failure to reimburse to me medical/extra-curricular expenses I incurred and paid (requests for reimbursement were per court orders and SPP). Total amount owed was determined. Agreement the NCP's counsel proposed, that I accepted, was that NCP had to make payments over several months to bring owed balance to $0 to purge contempt. Court approved it and Judgment Entry was then entered into record. NCP made 2 payments and now has decided "it's not fair" and hasn't made payment this month (and based on comments is probably not going to make any going forward.)

What do I file with the court in this case? Is it another contempt motion that references the Judgment Entry? Or is it a different motion because in this case, NCP basically is already in contempt and (I am guessing). -thx

 

[Gracie3787]

What is the name of your state (only U.S. law)? OH

I filed a Contempt motion pro se against NCP regarding failure to reimburse to me medical/extra-curricular expenses I incurred and paid (requests for reimbursement were per court orders and SPP). Total amount owed was determined. Agreement the NCP's counsel proposed, that I accepted, was that NCP had to make payments over several months to bring owed balance to $0 to purge contempt. Court approved it and Judgment Entry was then entered into record. NCP made 2 payments and now has decided "it's not fair" and hasn't made payment this month (and based on comments is probably not going to make any going forward.)

What do I file with the court in this case? Is it another contempt motion that references the Judgment Entry? Or is it a different motion because in this case, NCP basically is already in contempt and (I am guessing). -thx

Didn't the Judgement entry have any clause regarding non payment within the time frame?

Wait for Ohiogal to make sure, but I believe that if there isn't anything in that order regarding non payment, you'll have to file a contempt motion for that judgement.

 

[Ohiogal]

File a contempt motion if he doesn't pay this month and take him back. Reference that the judgment entry was in response to a prior contempt.

 

[Stressssed]

Hi - Well as guessed I did not receive any payment this month. I am going to file the contempt motion but have to write it first and have a few questions:

In the contempt, as for relief, do I put anything in there? Obviously payment of the monies owed but do I request wage withholding until balance is zero, or is that solely up to the court to decide on?

I also think it customary to include that NCP pay court costs of filing the motion and service?

And since non-payment seems to be NCP's behavior, and NCP does not provide any child support, does it make sense for the motion to suggest anything related to child support? Administrative review perhaps? The amount of child support was deviated to $0 in the SPP but was originally calculated to a few hundred $ a month. The children do not spend anywhere near 50% of their time with NCP (more like 10%) and I pay all expenses other than, of course, food/transport when they are with NCP. (just thinking out loud here... seems to me maybe averaging monthly expenses so far and requesting that going forward as child support, instead of reimbursement for future medical/extra-curricular achieves the same thing but avoids return trips to court.).

Any other suggestions? Since NCP is in contempt, what does magistrate typically do? My hope is that the court can impress upon NCP the seriousness of non-compliance. I prefer to not have not go back to court every few months....

Thanks much!

 

[Ohiogal]

What county? If you are looking for examples try either MEdina county or summit county for what is necessary in contempt motions. Both DR websites under their form sections have motion to show cause/contempt motions that can be filled in which you can use as a model.

 

[Stressssed]

Thanks OhioGal. I guess I'd rather not say what county.

My question is more along the lines of strategic - what should I ask for? I know how to put the motion together so that it meets the court's requirements I'm just not sure what to ask for.

Do I just ask for money already owed (e.g.; NCP to comply with previous court order). Do I suggest wage withholding? And then add "for any other relief in law or in equity that this court deems just...." and leave it at that?

Is it up to the court to determine penalty for being in contempt or do I also suggest that in my motion? I don't want to request something and have it work against me. Plus I would like to make sure we put this thing to bed once and for all so want to make sure I list everything pertinent to achieve that end, without trying the patience of the court. My time (and stressss) is better directed towards other things!

Since we've already been to court on the initial contempt, I'm not sure best way to write the motion since the NCP is already willfully in contempt of court! I'm looking for suggestions on what others have done and had success with, with the goal of sending a clear message to NCP and resolving it once and for all.

 

[Ohiogal]

Did you look at the forms I directed you too? Those list the statutory punishments for contempt. You can also ask for others but you need to read those.

 

[meanyjack]

Hi - Well as guessed I did not receive any payment this month. I am going to file the contempt motion but have to write it first and have a few questions:

In the contempt, as for relief, do I put anything in there? Obviously payment of the monies owed but do I request wage withholding until balance is zero, or is that solely up to the court to decide on?

I also think it customary to include that NCP pay court costs of filing the motion and service?

And since non-payment seems to be NCP's behavior, and NCP does not provide any child support, does it make sense for the motion to suggest anything related to child support? Administrative review perhaps? The amount of child support was deviated to $0 in the SPP but was originally calculated to a few hundred $ a month. The children do not spend anywhere near 50% of their time with NCP (more like 10%) and I pay all expenses other than, of course, food/transport when they are with NCP. (just thinking out loud here... seems to me maybe averaging monthly expenses so far and requesting that going forward as child support, instead of reimbursement for future medical/extra-curricular achieves the same thing but avoids return trips to court.).

Thanks much!

You can NOT address non-related issues (child support) to your contempt in a show cause motion. The court will not hear it. You would have to open up/file a new motion to address any other legal issue. Or since you mentioned "administrative review", that would be for a CSEA, since they're administrative.

As far as your show cause motion, you can ask that the entire amount due be paid now (since he can not be trusted to pay over time with a schedule) -- plus court costs, attorney's fees, lost wages, mileage -- AND OTHER penalties the court deems appropriate (which is where you can cite the penalty statutes that OG referred to under ORC).

 

[BL]

On the purge agreement/order ,was there a sanction listed if the ncp does not comply ?

 

[Stressssed]

Thanks for the replies.

The info provided that I can not address, or request to be heard, unrelated issues is helpful and makes complete sense. I was under the impression that child support and reimbursement of medical/extra-curricular was related but can see how it's not.

I have considered requesting entire balance due paid now but seems to me requesting wage withholding makes more sense and might be easier to get the court to do (and get compliance with from NCP). If anyone has any comments regarding one vs. the other, I'm interested.....

There were no sanctions listed if non-compliance became an issue. I had not even considered that listing sanctions was an option. I guess that's where having a lawyer representing me instead of going pro se might have come in handy. I will make sure that whatever we come up with this time, I'll request sanctions for non-compliance be listed in the judgment.

Thanks again.

 

[meanyjack]

I have considered requesting entire balance due paid now but seems to me requesting wage withholding makes more sense and might be easier to get the court to do (and get compliance with from NCP). If anyone has any comments regarding one vs. the other, I'm interested.....

I would ask for entire payment due, plus interest (I believe statute is 5%), since the other parent has shown they are not able to follow a schedule. You could motion for a wage attachment, but there might be an additional cost to that (which you just ask the court to assess to the other parent, as you should be with court costs, filing fees, mileage and lost wages, if applicable).

There were no sanctions listed if non-compliance became an issue. I had not even considered that listing sanctions was an option. I guess that's where having a lawyer representing me instead of going pro se might have come in handy. I will make sure that whatever we come up with this time, I'll request sanctions for non-compliance be listed in the judgment.

Well legally and technically, the AJE (agreed judgment entry) IS a court order. So the need to include sanctions isn't really necessary. If there were actions that were ordered, then contempt can be filed when those orders/directives are not followed.
Like OG stated -- and you need to point out in your motion -- is that the AJE is due to a previous contempt, which (should) work in your favor