[cep822]

Hi, I don't know if anyone here remembers me, but I posted previously about filing contempt for my son's dad's unpaid child support on my own behalf.

This is an update of sorts and new questions... thanks. As before, this case is in Ohio. I can give county if necessary.

Through a long and convoluted process, ex was finally brought on contempt charges by CSEA and myself. He tried to delay with a public defender but it did not work, he was sentenced to 10 days in jail suspended, with 30 days to be added at a second contempt hearing if he does not comply with the terms of the purge/contempt order, and those 40 days to be served immediately. He was found capable of paying the order, and it states that he is to stay current plus arrears (monthly 893/mo), pay a purge of $1000 additionally, and also requires he find and maintain employment. The purge and employment due date is August 1. CSEA also then put administrative liens on all his real property, and I am told since some of it is unoccupied they may force sale.

All this happened, and here the date to pay for May has come and gone, and he did not pay.

I honestly don't necessarily want him in jail, but I don't know how else he will be motivated to pay. He just drives when his license is suspended. As the judge saw he has the money. He just will not pay it for his son's care, and that has gotten expensive as my son has developed severe reactive eczema and allergies.

My question is, when do I file contempt to bring him back to serve his sentence? Should I do it now, or wait until the deadline to stay current, find work, AND pay the purge of $1000 has passed? Additionally, he is in contempt on about $854 in medical bills for our son. Should I roll that into my contempt motion, when I do file it? Can I file contempt JUST on the unpaid medical, and separately file contempt for the support issues?

Medical costs are not tied into our support amount. Our order states I am to pay the bill and he is to reimburse me 68% of the bill within 30 days of receipt.

[ScottGem]

If he has not paid what he was ordered to pay by the date he was ordered to pay it, then yes, bring him back. The court may order property be sold to pay you.

[cep822]

Thanks Scott, but do you think the outcome will be better if I wait until he has violated ALL of the things he was ordered to do?
And should I file for unpaid medical separately?

[ScottGem]

No I wouldn't wait. He's been giving enough roe to hang himself. As for the medical, I would include anything that he has not followed through that was court ordered.