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  1. #1

    Default Do You Have to Go Through CSEA to File for Contempt of Court Order

    My question involves child support in the State of: OHIO

    Hello,

    I have an adminstrative child support order through my county's CSEA that went into effect August 4, 2009. The obligor has paid $0.00 since. He was unemployed at the time the order was initiated and to my knowledge still is as he stays at home and provides care for his other children while his live in girlfriend works to support that house hold. Last year, I filed criminal charges against him and he was arrested this past April. Because the prosecutor was unable to come up with a feasible deal with the obligor's public defender, the obligor insisted on the p.d. withdrawing from his case so that he can retain his own counsel which he has. I may be mistaken, but I do believe him retaining counsel is grounds for contempt considering the money used should have gone towards his child support.

    So my question is, do I have to go through CSEA to file for contempt? They really haven't been helpful thus far. Or can I take it upon myself to file? Is it even worth the hassle? I've already had to miss a lot of work due to the criminal case and I am the only one supporting our child. I really can't afford to miss work for subsquent hearings. Any advice would be appreciated.

  2. #2
    Join Date
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    Default Re: Do I Have to Go Through Csea to File for Contempt of Court Order

    Retaining counsel is not grounds for contempt. He is perfectly entitled to do that without being penalized.

    What have CSEA said about it? Have you talked to them about having his license revoked or other administrative punishment?

    I have to be brutally honest here - if he doesn't want to pay, it's going to be virtually impossible to force him.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3

    Default Re: Do I Have to Go Through Csea to File for Contempt of Court Order

    I will be contacting CSEA tomorrow morning as I have just found out this past Friday that he retained counsel. It is part of our child support order that he notify CSEA of any income he acquires so I will check with them tomorrow to see if he notified them about the money he used to retain counsel. His license are already suspended indifinitely for driving under suspension numerous times as well as unpaid court fees.

    You said that he is perfectly allowed to retain counsel without being penalized? How is that so? I'm not doubting you, just curious. Isn't willfully with holding support grounds for contempt? Did he not willfully with hold support in order to pay for counsel when he had already had court appointed counsel on this matter...twice. There must be a difference in retaining counsel versus having other obligations because I know that having other obligations is not grounds for excusing one from paying their child support. But I digress.

    I agree, I can't make him pay if he doesnt want to and it is apparent he doesn't want to.

  4. #4
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    Jan 2009
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    California
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    Default Re: Do I Have to Go Through Csea to File for Contempt of Court Order

    If I were you, I would be talking to the agency and having them enforce anything possible. Be on them... every couple months get ahold of them. If he is unemployed and collecting unemployment, they can garnish that and CSEA should be in your corner helping you out.
    Or they can input what he potentially could be making... for instance, for 10 years he was an electrician making $15/hr... they will set CS under that... or even minimum wage is better than nothing!
    Good luck, don't give up and don't let him get away!

  5. #5
    Join Date
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    Default Re: Do I Have to Go Through Csea to File for Contempt of Court Order

    Quote Quoting singlemom22009
    View Post
    I will be contacting CSEA tomorrow morning as I have just found out this past Friday that he retained counsel. It is part of our child support order that he notify CSEA of any income he acquires so I will check with them tomorrow to see if he notified them about the money he used to retain counsel. His license are already suspended indifinitely for driving under suspension numerous times as well as unpaid court fees.

    How do you know his girlfriend didn't pay for counsel? You realize that this won't be counted as income, right? Maybe a relative is paying for the attorney. Maybe a friend. None of that will count as income.



    You said that he is perfectly allowed to retain counsel without being penalized? How is that so? I'm not doubting you, just curious. Isn't willfully with holding support grounds for contempt?

    Prove who is paying for counsel.


    Did he not willfully with hold support in order to pay for counsel when he had already had court appointed counsel on this matter...twice. There must be a difference in retaining counsel versus having other obligations because I know that having other obligations is not grounds for excusing one from paying their child support. But I digress.

    Seriously, you're really off base here. Let that "he obtained counsel" thing go.



    I agree, I can't make him pay if he doesnt want to and it is apparent he doesn't want to.

    I do feel for you. But the sad truth is that if someone is determined not to pay...they're just not going to pay.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  6. #6
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    4,494

    Default Re: Do I Have to Go Through Csea to File for Contempt of Court Order

    Regardless of who is paying for it, defendants have the constitutional right to counsel. Hiring an attorney is his RIGHT under the LAW.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  7. #7

    Default Re: Do I Have to Go Through Csea to File for Contempt of Court Order

    @ Court of Clerk--Being supported by BOTH parents is a RIGHT of my child but that is neither here nor there I guess.

    It was just a thought. I have been raising her for the last 15 months by myself and shall continue to do so.

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