Contempt and Post-Decree Matters
This practice area encompasses two (2) distinct areas of practice in the domestic relations forum:
- Contempt of Court Matters or Show Cause Matters
- Post-Decree Matters.
With the first topic, Contempt of Court Matters, one party is experiencing angst, anger, frustration, disappointment, etc., as the opposing party is refusing to do or has refused to do or complete an action that was set forth in the Final Decree of Divorce or the Final Decree of Dissolution of Marriage. Our Court system is without adequate funds and/or personnel to monitor whether or not a home has been refinanced or sold, whether or not marital bills/liabilities have been paid, or whether or not automobile titles have been transferred to the appropriate party.
The Court "assumes" that the terms of Final Decrees have been fully complied with unless it is advised otherwise. How would the Court be advised that John Doe did not refinance the marital residence as he was ordered to do? Or, how would the Court know that John Doe is not paying spousal support to Jane Doe as he was ordered to do? The aggrieved party, in this case, Jane Doe, would have to file a Motion for Contempt of Court, also known as a Motion to Show Cause, to advise the Court that the former spouse was in willful non-compliance with certain terms of the Final Decree. The Motion to Show Cause or Motion for Contempt would then be set for a hearing before the assigned Judge or a Magistrate assigned to hear the post-Decree matter.
It is important to note that when a Motion for Contempt or a Motion to Show Cause is filed, the party who is not in compliance with the terms of the Decree must be personally served with the Motion and associated pleadings. Personal service is required as there may be fines and/or jail time associated with the Contempt proceeding. While many aggrieved parties complain as to why they should have to spend additional monies to file Contempt of Court proceedings to get or have what they were supposed to get or have per the Final Decree, monies are simply not available to the Court to pay for legal fees incurred in post-Decree matters. It may be of some comfort to know that if the Court finds the errant party to be in "Contempt of Court," attorney fees may be awarded to the aggrieved spouse.
I am going to provide to you two (2) examples of potential Contempt of Court proceedings:
Example 1: Husband was supposed to refinance the mortgage to the marital residence within six (6) months of the filing of the Final Decree in order to remove Wife's name from the mortgage indebtedness. In the current housing market, many homes are truly "upside down" meaning that the fair market value of the home is less than the mortgage indebtedness. In this instance, the lending institution may refuse to do a refinance of the mortgage in order to remove Wife's name from the associated Indebtedness. Wife may file a Motion to Show Cause why Husband should not be found in contempt of Court due to his willful failure to refinance the mortgage indebtedness. Husband may avoid being found in "contempt of Court" if he can show that he tried to obtain refinancing and that he was repeatedly refused due to the mortgage indebtedness being greater than the value of the home.
Example 2: Husband is ordered to pay to Wife the sum of $2000 per month in spousal support for a term of five (5) years. Husband becomes angry with Wife as she begins to "date" a person who could become a "significant other". Husband's income has not changed or decreased since the time of the divorce or dissolution. I n this example, if Wife files a Motion to Show Cause why Husband should not be held in contempt of Court due to his willful failure to pay spousal support as ordered, Husband is likely to be found in "contempt of Court" as he has no defenses as to why he did not pay the spousal support to Wife as he was ordered to do.
In the event you believe you have been treated unfairly or in the event you believe your former spouse has not done what he or she was ordered to do, the best suggestion would be to call our office to schedule an appointment to determine whether or not you have a valid case for filing a Contempt of Court action. It would be most important for you to bring to the office conference a time-stamped copy of your Final Decree of Divorce or your Final Decree of Dissolution.
With the second topic, Post-Decree Matters, it is important to understand that there are two (2) phases or stages to each divorce or dissolution proceeding. Pre-Decree Matters involve all legal proceedings between the following dates/times:
- Filing of Petition for Dissolution of Marriage until the final dissolution hearing and filing of the Final Decree of Dissolution of Marriage involves "pre-Decree matters".
- Filing of Complaint for Divorce until the final divorce hearing and filing of the Final Judgment and Decree of Divorce involves "pre-Decree matters".
Any proceedings taking place after the filing of the Final Decree of Dissolution of Marriage or after the filing of the Final Judgment and Decree of Divorce are considered to be Post-Decree Matters. While in some counties, the assigned Judge will "hear" post-Decree matters, in many other counties, the post-Decree matters or proceedings shall be assigned to a Magistrate of the Court.
In 2007, recognizing the need for the public to have around-the-clock access to accurate Ohio divorce and family law information, we started publishing the Ohio Family Law Blog. You can see our passion for this area of law by reading some of our diverse posts as well as those of expert guest contributors. We have written about everything from what to wear to Court to technology and virtual visitation ideas.
The family law attorneys at Holzfaster, Cecil, McKnight & Mues are dedicated to protecting our clients' current and their long-term interests in a professional and respectful manner. We are excellent listeners and will explain the process and options in an understandable way. Our clients are an integral working part in our team approach. Earning our clients' trust is essential to us as is the overall quality of our client relationships.
Please don't hesitate to call us at (937) 293-2141 to schedule an appointment or email us by clicking here if you are involved with a contempt or post-decree family law situation. Additionally, we have an emergency phone number, (937) 760-4357, that is answered by one of our divorce lawyers around-the-clock.
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Divorce and Family Law Matters
