A Motion to Show Cause is a request to a court to hold the non-custodial parent accountable for not paying child support. This can result in the court
charging the non-custody parent with contempt.
Basic Requirements:
The non-custodial parent must be at least 30 days in default (must owe at least one month’s obligation) and OCSS has been unable to locate any valid employment or attachable income source for the non-custodial parent.
Process:
The process is relatively the same in both Domestic and Juvenile Courts. The time frame varies depending on the availability in the court dockets. The party requesting enforcement must attend the motion hearing or risk the action being dismissed.
How the court rules will be dictated by the facts of the case and the relevant Ohio laws. Possible outcomes may include the following:
After the Motion to Show Cause Hearing
If the non-custodial parent was found in contempt during the hearing, the case is generally monitored by the court. A review hearing may be scheduled to determine whether the party has complied with the requirements of the court order. If the party has not complied, an arrest warrant may be issued.
Arrest warrants issued by the courts are enforced by the Cuyahoga County Sheriff’s Department. If the whereabouts of the obligor are known, contact the Sheriff’s Department to request the obligor be arrested.
Basic Requirements:
The non-custodial parent must be at least 30 days in default (must owe at least one month’s obligation) and OCSS has been unable to locate any valid employment or attachable income source for the non-custodial parent.
Process:
- The obligor is in default and/or not making payments.
- OCSS begins the enforcement process by attempting to locate employment and sending the non-custodial parent a warning letter. OCSS will also attempt to call the non-custodial parent to encourage compliance with the support order.
- If the non-custodial parent does not respond and/or continues to not make payments, OCSS may prepare the case for court.
- The non-custodial parent’s address is verified through the U.S. Postal Service or other authorized databases. This helps ensure the obligor is properly notified of any court proceedings.
- The balance owed on the case is calculated.
- OCSS completes a motion packet and forwards it to the Cuyahoga County Prosecutor’s Office for filing in court.
- The parties to the case are notified by the court via certified mail of the hearing date, time, and location.
The process is relatively the same in both Domestic and Juvenile Courts. The time frame varies depending on the availability in the court dockets. The party requesting enforcement must attend the motion hearing or risk the action being dismissed.
How the court rules will be dictated by the facts of the case and the relevant Ohio laws. Possible outcomes may include the following:
- The court may find the non-custodial parent in contempt.
- The court may also establish conditions to be met (e.g. paying a certain lump sum by a specified date or making the full ordered payment for a specified number of months) to purge the contempt finding and avoid jail time.
- If the non-custodial parent fails to appear for the hearing, the court may issue a bench warrant for arrest.
After the Motion to Show Cause Hearing
If the non-custodial parent was found in contempt during the hearing, the case is generally monitored by the court. A review hearing may be scheduled to determine whether the party has complied with the requirements of the court order. If the party has not complied, an arrest warrant may be issued.
Arrest warrants issued by the courts are enforced by the Cuyahoga County Sheriff’s Department. If the whereabouts of the obligor are known, contact the Sheriff’s Department to request the obligor be arrested.