Blast From The Past: What Do I Do if My Ex Refuses to Follow the Terms of Our Final Decree of Divorce?

contempt motion parenting time divorce

PUBLISHER’S NOTE: Here is one of my favorites posts from back on November 12th, 2022! The advice rings as true now as it did then. We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Filing a Contempt Motion Against Your Ex: The Pros and Cons

Your Ex Could be Held in Contempt Motion for Failure to Comply with a Divorce Court Order

contempt motion parenting time divorceDivorce cases can often continue to create headaches for the parties long after the Final Decree of Divorce has been issued. Sorry to perhaps be the bearer of bad news! Some individuals will refuse to follow Court Orders no matter what the issue or how clearly it is stated in the Court Order.

Some Ohio Courts are becoming more sensitive to that reality and are channeling “high conflict” post decree cases to a different docket so that they receive greater attention including scheduling periodic review hearings (especially if the issue pertains to parenting time).

But, let’s go back to the basics first.

WHAT IS A MOTION FOR CONTEMPT?

The Court speaks through its Court Orders and Entrys. For example, … Read More... “Blast From The Past: What Do I Do if My Ex Refuses to Follow the Terms of Our Final Decree of Divorce?”

Should Ohio Pass a New Law Establishing 50/50 Shared Parenting in Divorce Cases?

parenting time divorce

Ohio would join only Arkansas and Kentucky as states with a law establishing automatic equal shared parenting time.

Ohio House introduces HB14 to establish automatic 50-50 Child Custody, but is this in the best interest of the child?

parenting time divorceA separation or divorce is a highly stressful and emotional experience for everyone involved, but for children, it can often be traumatic. Children are often left feeling shocked, angry, uncertain, or even guilty. These are all totally normal reactions. In response to these natural emotions, one of the best things parents and courts can do throughout divorce proceedings is consider the best interests of their children in regard to custody and residential parenting decisions.

In most jurisdictions, including Ohio, the “best interest” of the child standard is the basis for most custody decisions. The purpose of this standard is to safeguard a child’s mental, emotional, and physical well-being by ensuring the parents can provide the best upbringing for the child. Judges utilize this “best interests” standard when making decisions regarding custody arrangements.

Despite this long-standing best interest of the child standard, the Ohio House has recently introduced HB14 to establish automatic 50-50 child custody from the start of the case. This bill … Read More... “Should Ohio Pass a New Law Establishing 50/50 Shared Parenting in Divorce Cases?”

What Do I Do if My Ex Refuses to Follow the Terms of Our Final Decree of Divorce?

contempt motion parenting time divorce

Filing a Contempt Motion Against Your Ex: The Pros and Cons

Your Ex Could be Held in Contempt Motion for Failure to Comply with a Divorce Court Order

contempt motion parenting time divorceDivorce cases can often continue to create headaches for the parties long after the Final Decree of Divorce has been issued. Sorry to perhaps be the bearer of bad news! Some individuals will refuse to follow Court Orders no matter what the issue or how clearly it is stated in the Court Order.

Some Ohio Courts are becoming more sensitive to that reality and are channeling “high conflict” post decree cases to a different docket so that they receive greater attention including scheduling periodic review hearings (especially if the issue pertains to parenting time).

But, let’s go back to the basics first.

WHAT IS A MOTION FOR CONTEMPT?

The Court speaks through its Court Orders and Entrys. For example, the Final Judgment and Decree of Divorce sets out the specific terms the parties are Ordered to follow on each and every issue from parenting time to division of assets and debts. Technically,” contempt” is a disregard, or disobedience to the Orders or commands of Judicial authority.

For example, your Ex can … Read More... “What Do I Do if My Ex Refuses to Follow the Terms of Our Final Decree of Divorce?”

Should Parenting Time for Divorcing Parents in Ohio be 50/50? What Should be Done About Parental Alienation?

parental alienation divorce"

Parental Alienation in Ohio: Thoughts from a a divorce lawyer for 40+ years

An End To Parental Alienation With Proposed Parenting Equality Law? Ohio Representative Rodney Creech And Podcaster Kindra Beck Asks For Your Help And Testimonials

parental alienation divorceAccording to Kindra Beck, the founder of Speak Life In Stride Podcast, and a parent who had gone through a “high conflict” divorce, “There are over 22 million American adults that feel they are being alienated from their children. However, this is a global problem.” Ms. Beck is joining forces with Ohio Representative Rodney Creech (R), from the Preble County area, to try to make sure there are legislative changes enforcing parenting equality both during and after a divorce. Creech is proposing legislation that gives Mother and Father equal 50/50 parenting time “out of the gate” in a divorce.

In Ohio, by contrast, the primary custody statute states that the Court’s primary consideration in determining custody is the “best interests” of the child(ren). Ohio Revised Code Section 3109.04 states:

” (1) In determining the best interest of a child pursuant to this section, whether on an original decree allocating parental rights and responsibilities for the care of children or a modification … Read More... “Should Parenting Time for Divorcing Parents in Ohio be 50/50? What Should be Done About Parental Alienation?”

My Ex Won’t Let Me Have My Kids Because of the Coronavirus. What Can I do?

coronavirus parenting time divorce essential travel

Is Parental Time Affected By The Coronavirus Essential Travel Order In Ohio?

coronavirus parenting time divorce essential travelI have been practicing family law and divorce in Ohio for over 40 years. Coronavirus is a novel situation, but I will do my best to share some insights into this topic. The COVID-19 situation is a very fluid situation. In addition, each case and the analysis would be dependent on the facts of the specific case as well as the Court and Judge.

Pursuant to both of the Ohio’s Stay at Home Orders, travel has been reduced to only essential travel. Under these Orders, essential travel  is defined based on specified travel purpose, including “travel required by law enforcement or court order, including to transport children pursuant to a custody agreement.” Individuals falling under any of the essential travel purposes must still “comply with all Social Distancing Requirements.” (See, Section 12 (e) of the Ohio Order of April 2, 2020). So, to be clear, Court Ordered parenting time is NOT altered by the shelter-in-place Orders.

Although many Courts are presently working with limited staff, that is not the case in the Montgomery County, Ohio Domestic Relations Court. Many motions have been filed dealing with … Read More... “My Ex Won’t Let Me Have My Kids Because of the Coronavirus. What Can I do?”

New Child Support Guidelines in Ohio Take Effect on March 28, 2019

child support new law parenting time

These Are The Changes To The New Law You Should Know About. But Does It Effect Child Support And Parenting Time?

child support new law parenting timeOn July 17, 2018, we first posted a LEGAL ALERT on the Ohio Family Law Blog about the passage of H.B. 366 which repealed the present Ohio child support schedule. Our current law has been in place for 25 years! Here is the link to that article.

The new law, which becomes effective on March 28, 2019, is quite complicated and a substantial change in many areas. Like many Ohio divorce lawyers, I am learning its implications and training staff with these changes. Our firm has installed the new specialized computer software needed to properly calculate child support. I have even compared a few scenarios with the schedules anyone can find online. I can tell you that those free schedules do NOT include certain adjustments that can dramatically affect the outcome.

If, after looking at the summary I have attached, you have questions I would strongly suggest that you contact an experienced family law attorney where your Order was issued to recalculate the support. This new law does not automatically change any existing support Orders whether they … Read More... “New Child Support Guidelines in Ohio Take Effect on March 28, 2019”

Blast From The Past: Divorce: Relocation Issues in Ohio

Blast from the past 13 years Ohio Family Law Blog

PUBLISHERS NOTE: Looking back over the last 10 years of Ohio Family Law Blog articles is always fun for me! Here is another BLAST FROM THE PAST written by Attorney Anne Shale and published on January 21, 2008. I have edited it to include the current relocation language from Montgomery and Greene Counties.

Divorced And Thinking About Relocation? Read This Before Taking Any Action!

relocation parenting timeTwenty to thirty years ago, there was no issue related to “relocation”.  There was a custodial parent, usually the Mother, and a non-custodial parent, usually the Father.  If Mother wanted to relocate to return to the home of her family, to join her new husband at his next assignment, or to find a better paying employment position, Mother simply relocated or moved to her next city or state of residence.

Today, the issue of “relocation” has become an issue of much importance.  Fathers’ rights have come to the forefront as Fathers have become more involved in the rearing of their children.  My father never changed a diaper, never bathed or dressed me or my siblings, and certainly was not involved in other parenting tasks involving “hands on” care.  His primary “job” as … Read More... “Blast From The Past: Divorce: Relocation Issues in Ohio”

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