Q.: My child’s other parent was ordered to pay child support, but refuses to do so. Is there a way the court can force my former spouse to pay support?
A.: Yes. Any court order, including a court order requiring child support payments, may be enforced by a legal proceeding called “contempt of court.”

Q.: Who can start a contempt of court action?
A.: Anyone who has an order from a court requiring another person to do (or refrain from doing) something particular can start a contempt of court action. Also, under certain circumstances, the court can start a contempt proceeding on its own. Some of the most common reasons for starting contempt actions are: failure to pay child support; denial of parental visitation; failure to appear when a subpoena is issued for you to appear at a court hearing; failure to answer questions during a trial; and failure to pay a fine and court costs.  In one contempt case, a woman spent a year in jail for refusing to advise the court about the location of the party’s child.  Journalists are allowed an exception to this requirement to provide court-requested information; generally, a reporter cannot be held in contempt of court for refusing to reveal a news source.

Q.: How do I start a contempt action?
A.: You would file a complaint with the clerk of courts. The clerk would issue a “citation” to the party charged with failing to comply with the court’s orders. This citation states what charge is being brought and what the penalty might be if the party is found in contempt of court. Either a sheriff or other court-authorized person serves a “contempt citation” on the person being charged, or the citation is sent by certified mail. The party is ordered to appear in court at a particular time and may be arrested if he or she fails to appear.

Q.: If I am charged with contempt of court, do I get a trial?
A.: Yes. The party making the charge must prove to the court that you have failed to follow the court order.

Q.: What are the possible penalties if I am found in contempt of court?
A.: You may be punished by being sent to jail until you follow the court’s orders. If you have failed to pay child support, you may be sent to jail for up to 30 days and fined up to $250 for the first time, sent to jail for up to 60 days and fined up to $500 for the second time, and fined up to $1,000 and sent to jail for up to 90 days for the third time. In addition, under Ohio law, you would be required to pay the attorney fees for the party who filed the contempt action.

Q.: Since I might go to jail if I am found in contempt of court, do I have any rights?
A.: Yes. Because you can be sent to jail, you have the right to have an attorney and the court must appoint an attorney to represent you if you cannot afford one. In addition, you have the right to a public trial, and the party who charged you with contempt must prove that you failed to comply with the court’s order.

Q.: If I am found guilty of contempt, does this give me a criminal record?
A.: No. Even though you can be sent to jail, contempt of court is not a criminal proceeding. It is a civil proceeding that is available for the court to make sure its orders are followed. Since it is not a criminal proceeding, you may be called upon to testify, and you cannot refuse to testify. If you refuse to testify, the judge could send you to jail until you agree to testify because you are in contempt of court of the judge’s order to answer the questions.

Q.: If there was a good reason why I was unable to follow the court order, would I still be found in contempt of court?
A.: If you are unable to comply with the court order for what the court considers to be a good reason, you will not be found in contempt of court. However, it is up to you to prove to the judge that you are unable to comply with the court’s order. If, for example, you were ordered to turn over property and someone else had the property and would not give it to you, you would not be found in contempt for failing to comply with the court order. Also, if the court order is against the law, you cannot be found in contempt. Say, for example, you are a doctor and you were ordered to disclose to the court a statement someone made to you during treatment. Because disclosure of such a statement would be a breach of doctor-patient confidentiality, you cannot be found in contempt of court for refusing to reveal the information.

Q.: I have heard of people interrupting court proceedings. Are they in contempt of court also?
A.: Yes, but it is a different type of contempt. A person who interrupts the court proceeding or misbehaves in front of the judge to the extent that the court cannot go forward with the proceeding is in direct or criminal contempt of court. When the judge finds a person in criminal contempt of court, that person does not get a trial. He or she goes directly to jail for a length of time set by the judge and is not entitled to an attorney or even a trial because the judge directly witnessed the contempt of court.

12/24/2007

Law You Can Use is a weekly consumer legal information column provided by the Ohio State Bar Association. This article was prepared by Dr. J. Michael Bernstein, assistant dean at Wright State University in Dayton and a magistrate for the Greene County Domestic Relations Court.