I was found in contempt of court for not paying spousal support what now?

Asked over 4 years ago - Canton, OH

I was found in contempt of court and ordered to pay within 30 days or spend 30 days in jail. If I don't pay a lump sum in 30 days then $800 will be deducted from my check. The decree stated "said spousal support order shall terminate upon the death of either party, the obligee's remarriage or cohabitation with an unrelated adult person of the opposite gender". I did not pay because the obligee is and was cohabiting. The magistrate said I did not have the right to decide if defendent was cohabiting said that I was obligated to bring it to the courts attention so I was found in contempt. I presented evidence to the court at the hearing but he did not find her cohabiting. What can I do to object to this decision? Isn't this unfair? It stated "shall terminate upon".

Attorney answers (1)

  1. Thomas Arthur McCormack

    Contributor Level 14

    Answered . If the obligee is cohabiting, you need to file a motion to terminate your obligation to pay support and then bring sufficient evidence to court to prove the cohabitation. Sleep overs don't count. You need to research what constitutes cohabitation in Ohio, it's probably different than you think. I would suggest that retaining counsel may be cheaper than what you are doing now. Spending 30 days is jail is no picnic, and if you don't pay, that's likely to happen. And no, it's not unfair. Courts have rules that must be observed or everything falls into chaos, And attorneys have special knowledge about how to deal with courts. So you either need to obtain that special knowledge, or retain counsel. Otherwise, the system doesn't work, costs go up, and everyone complains because their taxes are too high.

    THE ANSWER PROVIDED is for general informational purposes only. This attorney does not intend to give legal advice. Evaluating the statutes and case law, as well as any relevant court documents together with a more detailed factual analysis could result in a different response. The attorney does not intend to create an attorney/client relationship by the response. Anyone seeking legal advice should always consult with retained legal counsel for a full evaluation of his or her claims.

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