I understand my case
is now in your Litigation Department being
prepared for court. When will I get a court
date? |
Court dates are determined by a variety of factors. In certain types of
cases, we can't get a court date until we get "service of process" on
the other party. In other types of cases, we get a court date when the
case is filed. Then, if we are unable to get service of process on the
other party, the case can be continued a few times to allow us to obtain
service. Bottom line--the CSEA does not decide what your court date will
be. All court dates are set as time is available on the court calendar. |
So, you're taking my
case into court. Why do I have to put in an
appearance at this hearing?
|
You are the best source of information concerning your case. Your testimony
may be critical to the material issues at hand. |
But, the obligor is not
paying the ordered child support. Doesn't that
prove that this person is in contempt?
|
The nonpayment of support will certainly be evidence supporting that contention.
However, the obligor is not in contempt until such time as the court
rules on the contempt motion which will be put forward by the CSEA attorney.
The obligor may present defenses of which only you may have knowledge
enough to prove or disprove. |
The other party has already
been found to be in contempt of court in this
matter and he (or she) still is not paying.
Why can't he (or she) just be arrested and
put in jail?
|
Our judicial system affords the other party the right to present evidence
in their own behalf. The contempt hearing is held for just this purpose.
At this hearing, the court will decide whether or not to impose the jail
sentence. |
Since the other party
is not paying child support, can I curtail
their visitation privileges?
|
If visitation has been ordered, you do not have the legal right to withhold
that visitation. Issues on visitation, custody, and shared parenting
are separate from support. |
I'm paying my child support,
but the other party is not letting me have
visitation. Can I stop paying my child support?
|
No! If visitation was ordered, you will need to engage a private attorney
to file a motion against the other party who would be in contempt of
the visitation order. The CSEA cannot do this for you, or on your behalf,
since the agency has no authority under Ohio statutes to address visitation
issues. A less costly way to resolve parenting issues has recently been
adopted in Franklin County. Visitation mediation is available for parents
who already have court-ordered visitation, but who are experiencing difficulties
in this area. Visitation mediation is available for both divorced parents
and parents who were never married to each other. This type of mediation
is a process that gives parents an opportunity to resolve visitation
issues before getting a magistrate or a judge involved. Either parent
may request visitation mediation without filing for legal proceedings.
Additionally, a magistrate or judge may refer pending contempt cases
for this mediation process. Contempt motions are costly, time consuming,
and often increase problems between parents. This service provides parents
with an opportunity to address visitation issues in a timely manner.
At present, there is no charge for visitation mediation. If you would
like more information about visitation mediation (called parenting time
mediation by the Court), please call (614) 462-5872. |
