Post-Decree Contempt in Clinton County
Clinton County, Ohio · Wilmington
If the other party isn't following the Clinton County Common Pleas Court's order — not paying support, not following the parenting schedule, not transferring property as ordered — you can e-file a Motion for Contempt through efile.henschen.com. Contempt can be civil (designed to force compliance) or criminal (designed to punish the violation). The court can order fines, jail, purge conditions, attorney fees, and make-up parenting time.
How do I file a contempt motion in Clinton County, Ohio?
E-file a Motion for Contempt (Show Cause) with the Clinton County Court of Common Pleas at 46 South South Street, Suite 333, Wilmington, OH 45177, through efile.henschen.com. The motion must describe the specific court order being violated and how, attach a certified copy of the order and a sworn affidavit of facts, and request a show-cause hearing. The other party must be served and given the chance to respond. Possible remedies include fines, jail, purge conditions, attorney fees, and make-up parenting time. Contact the Clerk at (937) 382-2316 for current contempt-motion filing fees.
Where to File: Clinton County Court of Common Pleas (Domestic Relations)
46 South South Street, Suite 333, Wilmington, OH 45177, Wilmington, OH 45177Phone: (937) 382-3640
Hours: Monday-Friday 8:00 AM - 4:00 PM
Website: www.clintoncountycourts.org/
Juvenile Branch (Never-Married Parents)
Clinton County Juvenile Court
46 South South Street, Wilmington, OH 45177, Wilmington, OH 45177
Phone: (937) 382-2391
Hours: Monday-Friday 8:00 AM - 4:00 PM
Post-Decree Contempt is the right path if…
- The other party isn't paying child support or spousal support as ordered.
- The other party isn't following the parenting-time schedule in the decree.
- The other party hasn't transferred property (house, vehicle, retirement, account) as ordered.
- The other party let court-ordered health insurance lapse.
- Any willful violation of any clear, specific provision in the court's order.
If circumstances have changed and you need a new order going forward, you may want a modification motion instead — or alongside. See post-decree modifications.
Filing Fees
Filing fee set by Clerk — call (937) 382-2316 · Civil contempt purge conditions can include payment plans, make-up parenting time, or property transfer · Criminal contempt carries fines and possible jail
Forms & Filing Packets
Core contempt motion packet
Required in every Clinton County contempt filing.
- Motion for Contempt (Show Cause) — Asks the Clinton County Court of Common Pleas to enforce an existing DR order. Describe the specific order, the specific violation, and request a show-cause hearing. Tip: Attach the certified copy of the order being violated and a sworn affidavit of facts.
Support enforcement add-on
Attach when the violation is unpaid child support or spousal support. Include payment history from CSEA's case management system (or your own records if private-pay).
- Affidavit of Income & Expenses (Affidavit 1) — Must be notarized. Required at filing in every Clinton DR case. Both parties file their own.
- Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time the court is being asked to set or modify support.
Parenting-time enforcement add-on
Attach when the violation is parenting-time interference or custody-exchange refusal. A contemporaneous log of denied parenting time helps the court enter make-up time.
- Parenting Proceeding Affidavit (Affidavit 3 — UCCJEA, R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's UCCJEA jurisdiction.
How to File Post-Decree Contempt in Clinton County
- Identify the specific order being violated. Quote the paragraph and page of the decree or post-decree order that the other party is not following. Vague allegations get dismissed.
- Document the violations in writing. Keep a contemporaneous log: dates, missed payments, denied parenting time, missed exchanges. Save texts, emails, and CSEA payment histories.
- Draft the Motion for Contempt and Show Cause. Describe the specific order, the specific violations, the dates, and request a show-cause hearing. Attach a certified copy of the order and a sworn affidavit of facts.
- E-file through efile.henschen.com. Upload the motion and the supporting documents. Pay the filing fee set by the Clerk — call (937) 382-2316 for the current amount.
- Attend the show-cause hearing. The other party will be served and ordered to appear. Bring your documentation. The court may find civil contempt, set purge conditions, impose fines or jail (often suspended), and order attorney fees.
Clinton County Practice Notes
- The order must be clear and specific. Clinton County will not hold a party in contempt for violating a vague or ambiguous order. If the decree language is fuzzy, you may need a modification motion to clarify it first.
- Purge conditions are the heart of civil contempt. Civil contempt is coercive — the court usually finds the violator in contempt but stays the penalty if they comply with specific purge conditions (pay the arrears, restore missed parenting time, transfer the asset). Failure to purge triggers the suspended sentence.
- Attorney fees are recoverable. Ohio law allows the prevailing party in a successful family-law contempt action to recover reasonable attorney fees. Keep contemporaneous billing records and a clear timeline of the violations.
- E-file through efile.henschen.com. Contempt motions are filed through the same mandatory e-filing system as the underlying case.
Frequently Asked Questions
- Should I file a modification or a contempt motion?
- File a modification motion (Forms 26, 27, or 28) when circumstances have changed and you want a new order going forward. File a Motion for Contempt when the existing order is being violated and you want the court to enforce it — possible remedies include fines, jail, purge conditions, and attorney fees. The two motions can be filed together when both apply.
- How much does it cost to file in Clinton County DR?
- Filing fees are $300 for a dissolution or divorce without children and $400 with children. A motion to reopen a case with children is $175; a civil motion to reopen is $100. Home investigations are $150. CPO petitions have no filing fee. Copies are $0.10 per page; certified copies add $2.00 per document.
- Do I have to e-file in Clinton County?
- Yes. Clinton County has required mandatory e-filing for all Common Pleas filings since January 1, 2024. File through efile.henschen.com. You will set up an account, upload your PDFs, and pay the filing fee online.
- When do I file in Juvenile Court instead of DR?
- If the parents were never married, custody, parenting time, and child support are filed in the Clinton County Juvenile Court at 46 South South Street, Wilmington — phone (937) 382-2391. If you were married, those issues travel with the divorce, dissolution, legal separation, or annulment in DR.
Free Local Resources in Clinton County
- Clinton County Clerk of Courts. 46 South South Street, Wilmington, OH 45177. Phone (937) 382-2316. E-filing through efile.henschen.com.
- Clinton County DR Local Rules (with form appendices). clintoncountycourts.org — DR forms are appendices to the local rules document.
- Ohio Supreme Court Standardized Forms. Used for the complaint, affidavits, decree, parenting plans, and motions. Available at supremecourt.ohio.gov.
- Ohio Child Support Calculator. ohiochildsupportcalculator.ohio.gov — run the worksheet and print it for filing.
- Clinton County Law Library. 46 South South Street, Wilmington — (937) 382-2428.
- Alternatives to Violence Center (Clinton County). 94 N. South Street, 3rd Floor, Suite D, Wilmington — Office (937) 383-3285 · 24-hour Crisis Line 1-888-816-1146.
- Ohio Legal Help. ohiolegalhelp.org — plain-language guides and form walkthroughs.
Other Family-Law Topics in Clinton County
- Clinton County Dissolution — $300 without children / $400 with — mandatory e-filing.
- Clinton County Divorce — Ohio SC standardized forms plus the local Case Designation and Personal Identifier forms.
- Clinton County Legal Separation — Same forms as divorce — marriage stays legally intact at the end.
- Clinton County Annulment — Limited grounds under R.C. 3105.31 — treats the marriage as if it never happened.
- Clinton County Post-Decree Modifications — Change child support, custody, or parenting time after the decree.
- Clinton County Post-Decree Contempt — Enforce an order the other party is violating.
Related to your contempt case
- Post-Decree Modification — Update custody, support, or parenting orders after your case ends.
- Child Support — Calculate, establish, or modify support under Ohio's guidelines.
- Spousal Support — Pursue or respond to alimony requests during and after divorce.
Keep exploring
- Ohio Post-Decree Contempt guide — Statewide overview of post-decree contempt in Ohio.
- Dayton family law — Local attorneys and courts serving the Dayton metro.
- Meet Stephanie Green — Managing Partner & Family Law Attorney at Gavvl Law.
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Call +1-844-694-2885 or email support@gavvl.com.