Please note: this is not legal advice. This is advice based on personal experience.
I used to work for a domestic relations court judge, so I think I can
help you. I disagree with the other comment--small claims court is not
the way to go. The original judge who entered your decree of divorce
still has jurisdiction over your case. You always have the right to
represent yourself in court.
What you want to do is file a motion for Contempt of Court. That's
what the non-custodial parent is doing--acting in contempt of the
divorce decree. First, go to the local library and find a book with
legal forms; alternatively, you can go to a website such as
1StopLegal.com or www.onlinelegalcenter.com and search for "domestic
relations contempt of court." Fill the form in with all the
information regarding not paying for activities, etc. Be sure to put
in the name of the judge or magistrate who entered your divorce. Once
you fill in the form, you need to go to the Clerk of Courts office at
the Domestic Relations Court where your divorce decree was entered to
file it.
If you have any trouble, the clerks at the Clerk of Courts office are
very helpful. There may also be an information desk that you can go
to. Court employees CANNOT give you legal advice, but they can tell
you how to properly file your motion for contempt. If you don't
remember the name of your judge, they will be able to help you get
that information as well. There will be a filing fee, and there may
also be a fee to serve the non-custodial parent with a copy of the
motion.
Don't fear--it's a very user-friendly system. Many people do not have
lawyers through the divorce process, and the courts are responsive to
that. Additionally, for something as straight-forward as a Contempt
motion, a lawyer won't really help you much.
After you file the motion, you'll get a hearing date, and both of you
will appear before a magistrate. Your ex-spouse will probably retain a
lawyer. Contempt of court is a serious matter. In Ohio, if your
ex-spouse is found guilty of contempt, the magistrate has the power to
send him/her to jail for 30 days or fine him/her $250. The magistrate
will most likely work out a deal (increased child support, etc.) to
facilitate the process and get you your money.
Good luck!
(Please remember, I'm not a lawyer and cannot give you legal advice,
but I hope that my experience helps you navigate this difficult
issue.) |
