In Ohio, the current statutes are skewed in the favor of the custodial parent when concerning contempt of court proceedings. Let me explain, if you are the non-custodial parent and you are named in your court order to pay child support, if you were to fall behind (even through no fault of your own) after 30 days delinquency you will find yourself on the receiving end of a summons. The CSEA through the Ohio Department of Job and Family Service acts on behalf of the child (also the custodial parent) and summons you to court to answer a charge of contempt. This legal action costs $0.00 to the custodial parent.
Now, if you are the custodial parent, you are able to sever visitation from the non-custodial parent and the children, causing you to be in contempt. When the non-custodial parent wants to remedy this issue and continue visitation he or she must hire legal counsel, pay a fee to the court to have the case heard (most cases $400.00), most attorney fees for this action can run between $600.00 to $1000.00. So to summarize, if you are a non-custodial parent it will cost you, $1000.00 to $1400.00 just to get the custodial parent into court to answer for a contempt charge (this still does not guarantee you will see your children). And if you are a custodial parent, after 30 days delinquency on child support payments, the legal system/state agency becomes your advocate, at no cost to you, and sends a summons to the non-custodial parent.
The fourteenth amendment to the U.S. Constitution section1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Proposed Legislation – State of Ohio – Domestic Relations
Whereas the family has been the foundation of society from the origins of the world. So then, because a child (or children) have been naturally appointed with a father and a mother, and a child (or children) being a gift from God, it is of the utmost importance that they have relationships with both parents to sustain the blessings of this life, and so they do not forget their ancestors and familial heritage.
Whereas it is good and prudent that governments be instituted among men, and government; being a reflection of the current order of the institution of the American family, I, Robert E. Stage Jr. propose amending the domestic relations segment of the Ohio Revised Code to make the law more equitable among custodial and non-custodial parents.
A. When a custodial parent shall fail to comply with the court appointed enjoyed parenting time for a period of more than 30 days, the CSEA / Job and family services case worker shall, in a written and sworn affidavit notify the county prosecutor of the alleged contempt of court. Upon receiving the sworn affidavit, the county prosecutor shall file a charge of contempt of court against the custodial parent in the court of the original verdict and decree.
(1.) The non-custodial parent must show causal for the aforementioned legal action by acquiring police reports for each infraction of the court appointed enjoyed parenting time order.
(2.) The non-custodial parent shall be wholly responsible for any and all evidence and its gathering (also its delivery to the CSEA / Job and Family Services caseworker).
B. If found guilty of contempt, punishment of the custodial parent shall be equal to the existing statutes for child support delinquency.
(1.) Upon first conviction of contempt, the custodial parent shall be incarcerated for a period of up to 30 days and pay up to a $250.00 fine.
(2.) Upon second conviction of contempt, the custodial parent shall be incarcerated for a period of up to 60 days and pay up to a $500.00 fine.
(3.) Upon third conviction of contempt, the custodial parent shall be incarcerated for a period of up to 90 days and pay up to a $1000.00 fine.
I am submitting this proposal to my state representatives, if you support this proposal please leave your comments stating such. Thank you.
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