This format is new to me, so forgive me if I do something wrong. I have read the stickies. Here goes.

I live in Ohio. If I need to be more area specific I will be but I would prefer not to get too specific.
To simplify, in October of 2012 a court battle of over a year for custody of my son ended. I was given sole physical and legal custody of our son who is now 18 months old. At no point in his life has his father paid child support. He did not pay the temporary support order while litigation was still ongoing, and he has never paid the full amount of the permanent order put in place in October. The total of payments he has ever made is $80. At this point he is in arrears over $9, 000.

Frustrated at his lack of support for our son and CSEA's inaction I filed contempt of court in February. We have a hearing set in late March.

With that background I have some questions regarding procedure at this pending hearing.

1) What are the consequences he faces at this hearing? I know from the notice I was served that there may be a fine and/or jail time. However, can the magistrate also suspend his driver's license? Knowing my ex I know this would be a good motivator.

2) I have been told I should request a judgment so that a lien will be put on his property. Is this true? How would I go about this?

3) To what extent will I have to prove he is willfully not paying? I have documentation in which he tells me he will not pay because I "do not deserve it" and because I "am a leech". A few other factors play into this as well. In an attempt to put off CSEA he got a minimal part time job, less than 20 hours per week. Garnishment of this amounted to two payments of $40 on a monthly amount of $953. He recently quit that job voluntarily. Additionally during the custody fight he inflated his income to look like the better option for residential parent. I am honestly very unsure he makes as much as he asserted under oath and on bank documents but the court used it since he represented it as true. I don't think he'd have a problem "playing poor". He has not filed taxes in 4 years as documented in our order and court evidence on record.

I meant to hit preview but it posted anyhow?
Anyway I have a final question.
When my ex quit his part time job, my county CSEA filed contempt. But I had already filed contempt myself by then. Will they join my motion or will they just drop their contempt charges?

First, I'm sorry you have to go through this. Clearly the father is a deadbeat dad. Unfortunately, if he is willing to not work and to hide income, there is a small chance you will ever collect support.

The courts cannot force him to get a good job. Nor can then force him to pay more than his income allows for.

Suspending his driver's license is one possible consequence, you can suggest that in your court petition. However, courts will question how he can earn money to pay without one. Fines are not going to work if he has no way to pay them. Jail time is another possibility, but courts are very reluctant to use that since jail means no income to pay.

I would not count on every collecting support. I would take solace in the fact that a) he will never know his children and b) he will be living a life on minimal income.

This doesn't mean you shouldn't fight, just that you need to be realistic about it. If he is willing to live under the radar, he can avoid paying.

Oh I don't expect to ever see support till it gets squeezed out of him sonehow. I think it is a possibility that he will "find" the money if he goes to jail but I don't think jail on the first action brought is likely. He has visitation with our son and uses it... mostly. Weekly visits are infrequent but he doesn't miss weekends.

I'm pretty sure this is a control gambit. From the get go it has seemed like he has been in this to punish me. It just upsets me because we are OK without the money but I could give my son so much more if he was paying his support.

1) Yes, as previously indicated, all three are possibilities..
2) Perhaps the arrears can be reduced to judgment in your state. Record it and it would be a lien on his real property. Doe he own any?

1) Yes, as previously indicated, all three are possibilities..
2) Perhaps the arrears can be reduced to judgment in your state. Record it and it would be ya lien on his real property. Doe he own any?

Yes he owns a lot of it actually. He is supposedly in the business of flipping houses.
What is my burden of proof for proving willful nonpayment?

Yes he owns a lot of it actually. He is supposedly in the business of flipping houses.
What is my burden of proof for proving willful nonpayment?

Then by all means get a judgment for past due CS and record it ASAP.

Do you mean is the burden of proof in Ohip for criminal contempt

beyond a reasonable doubt;
clear and convincing evidence;
prepondence of the evidence; or
something else?


I don't know for sure, but expect it might be the reasonable doubt standard.