8/10/2019 Deters Contempt Motion

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I I I . I I I ~ . I

0107537736

COURT OF COMMON PLEAS

DOMESTIC RELATIONS DIVISION

HAMILTON COUNTY, OHIO

W R E O E C R E E P O S T D E C R E E

C h g . o f C u s t.

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Q J S u p . E n f o r c e / M o d .

O t h e r s

CASE NO. DR1302234

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MELISSA HENDON DETERS

Plaintiff

JUDGE LEWIS

VS.

JOESPH THEODORE DETERS

MOTION FOR CONTEMPT

Defendant

Plaintiff, by and through counsel, hereby moves this Court pursuant to R.C. 2705.02 and

2705.031 for an order finding the Defendant in contempt for his violation of this Court's orders of

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November 25,2013, February 25,2014, June 27, 2014 and August 4, 2014. sp.efricall~

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Defendant has failed to attend the mandatory parenting education class; failed t?-pay th~rop~r::.~ ~

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amount of child and spousal support: failed to pay private school tuition for the r1i'iii1r chi~

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Plaintiff also requests an award of attorney fees and costs incurred in bringing thiS='

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motion both as part of the contempt as well as pursuant to 3105.73, and 3113.04. This IT(otion~

is supported by the memorandum attached hereto.

WHEREFORE, Plaintiff moves for an Order from the Court finding Defendant in

contempt; requiring him to immediately bring his support current: requiring him to pay all

attorney fees and costs incurred by the Plaintiff in bringing this action; and for all other relief that

is just and equitable.

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~ James H. Moskowitz 0064190

Attorney for Plaintiff

2900 Carew Tower

441 Vine Street

Cincinnati, Ohio 45202

(513) 721-3111

(513) 721-3077 fax

jim@moskowitzlegal.com

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MEMOR N UM

On November 25, 2013, an Administrative Judge's Order was filed. That order was

served on all parties on November 26, 2013 via regular mail. Pursuant to that order, Defendant

was required to attend a mandatory parenting education class within forty-two (42) days of the

date on which he was served with process.

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is Plaintiff's good faith belief that, as of the date

on which this motion is fi led, Defendant has failed to attend the class.

A Judge's 75N Order was filed on February 25, 2014. Pursuant to the order,

effective February 21, 2014, Defendant was required to pay child support in the sum of

1,677.00 per month and spousal support in the sum of 8,000.00 per month. The order also

required each party to continue to make payments they were currently making. At that time,

Defendant was paying the private school tuition for the minor child. That order was modified by

an order filed on August 4,2014. Pursuant to the order, ff tiv June 27, 2014, Defendant

was required to pay child support in the sum of 718.75 per month and spousal support in the

amount of 500.00 per month.

Defendant has made the following payments: 2,235.00 in February 2014;

9,262.97 in March 2014; 9,677.00 in April 2014; and 2,850.00 in June, July and August

2014. Plaintiff believes that the Defendant has failed to pay the proper amount of support.

Plaintiff also believes that the Defendant has failed to pay the private school tuition for the minor

child.

R.C. 2705.02(A) grants the Court authority to punish a person who disobeys or

resists a lawful order with a finding of contempt.

R.e.

2705.031 authorizes a party who has a

legal claim for child and spousal support to initiate a contempt action for failure to pay the

support. R.C. 3113.04 mandates that, if a person is found in contempt forfailing to pay court

ordered child support, the court shall assess all court costs and require the person to pay any

reasonable attorney's fees. R.C. 3105.73 grants the Court authority to award attorney's fees

and litigation expenses incurred in a post-decree motion or proceeding.

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Respectfully submitted,

skowitz & Moskowitz,

James H. Moskowitz 006

Attorney for Plaintiff

2900 Carew Tower

441 Vine Street

Cincinnati, Ohio 45202

(513) 721-3111

(513) F1-3077 fax

jim@moskowitzlegal.com

NOTI E OF HE RING

-:ttlease take notice that the forgoing matter will be heard before Judge Lewis on the

~ day of ~ 2014 from ~

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m. to ls

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in Room of the

Hamilton County Court of Domestic Relations, 800 Broadway, Cincinnati, Ohio 45202.

ERTIFI TE OF SERVI E

The undersigned hereby certifies that a copy of the foregoing motion for contempt was

served upon Gregory L. Adams, Attorney for Defendant, by ema il this __ th day of August,

2014 and on the Defendant through the Clerk of Courts via certified mail.