Post-Decree Contempt in Defiance County

Defiance County, Ohio · Defiance

If the other party isn't following the Defiance County Common Pleas Court's order — not paying support, not following the parenting schedule, not transferring property as ordered — you can file a Motion for Contempt at 221 Clinton Street, Third Floor, Defiance. Defiance uses Ohio Supreme Court Form 24 (Motion for Contempt) together with Form 25 (Show Cause Order and Notice). Contempt can be civil (designed to force compliance) or criminal (designed to punish the violation).

How do I file a contempt motion in Defiance County, Ohio?

File a Motion for Contempt (Ohio Supreme Court Form 24) together with the Show Cause Order and Notice (Form 25) at the Defiance County Court of Common Pleas, 221 Clinton Street, Third Floor, Defiance, OH 43512. 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. The filing fee for any post-decree motion is $280. Possible remedies include fines, jail, purge conditions, attorney fees, and make-up parenting time.

Where to File: Defiance County Court of Common Pleas (General & Domestic Relations Division)

221 Clinton Street, Third Floor, Defiance, OH 43512, Defiance, OH 43512
Phone: (419) 782-5931
Hours: Monday-Friday 8:30 AM - 12:00 PM and 1:00 PM - 4:30 PM (closed for lunch)
Website: www.defiance-county.com/common-pleas-court/

Juvenile Branch (Never-Married Parents)

Defiance County Probate and Juvenile Court
221 Clinton Street, Second Floor, Defiance, OH 43512, Defiance, OH 43512
Phone: (419) 782-4181
Hours: Monday-Friday 8:30 AM - 4:30 PM (closed for lunch 12:00-1:00 PM, no electronic filings)

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

$280 per contempt motion · 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 — $280

Required in every Defiance County contempt filing.

Motion for Contempt (Supreme Court Form 24) — Asks the court to enforce an existing order against a party who willfully violated it. Tip: Attach the certified copy of the order being violated and a sworn affidavit of facts.
Show Cause Order and Notice (Supreme Court Form 25) — Court order directing the alleged contemnor to appear and show why they should not be held in contempt. Filed alongside the Motion for Contempt.

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).

Financial Affidavit (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign.

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.

Custody Affidavit / UCCJEA (Ohio SC Affidavit 3) — Required in any DR case with minor children. Lists where each child has lived for the last 5 years.

How to File Post-Decree Contempt in Defiance 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 Form 24 and Form 25. The Motion for Contempt (Form 24) describes the order, the violations, and the relief sought. The Show Cause Order (Form 25) is the order the court signs directing the other party to appear and show why they should not be held in contempt.
File at 221 Clinton Street, Third Floor, Defiance. Pay the $280 filing fee. Include the certified copy of the order being violated and a sworn affidavit of facts.
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.

Defiance County Practice Notes

Form 24 + Form 25 together. Defiance contempt filings need both the OSC Motion for Contempt (Form 24) and the Show Cause Order and Notice (Form 25). The Show Cause Order is what the court signs to direct the other party to appear.
The order must be clear and specific. Defiance 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.

Frequently Asked Questions

Should I file a modification or a contempt motion?: File a modification motion (Forms 26, 27, or 28 — $280 each, or $50 if accompanied by a consent judgment) when circumstances have changed and you want a new order going forward. File a Motion for Contempt (Form 24) plus Show Cause (Form 25) when the existing order is being violated and you want the court to enforce it. The two can be combined when both apply.
How much does it cost to file in Defiance County DR?: Dissolution and divorce are both $325 without children and $400 with children — a consistent $75 gap. Post-decree motions are $280. A motion with a consent judgment is $50. Service by publication is $500. Service by a foreign-county Sheriff is $25. Appeals are $150. CPO petitions have no filing fee.
Who hears Defiance County DR and Juvenile cases?: Hon. Joseph N. Schmenk is the Common Pleas Judge (DR Division). Hon. Jeffrey A. Strausbaugh is the Probate and Juvenile Judge. Unusually, Magistrate Carson L. Slade serves BOTH divisions — providing rare continuity for families whose case moves between DR and Juvenile.
When do I file in Defiance County Juvenile Court instead of DR?: If the parents were never married, custody, parenting time, and child support are filed in the Defiance County Juvenile Court at 221 Clinton Street, Second Floor — (419) 782-4181. Judge Jeffrey A. Strausbaugh presides; Magistrate Carson L. Slade hears matters. All filings must be made in person or by mail (no electronic filings). If you were married, those issues travel with the divorce, dissolution, legal separation, or annulment in DR.

Free Local Resources in Defiance County

Defiance County Common Pleas Court. 221 Clinton Street, Third Floor, Defiance, OH 43512. Phone (419) 782-5931. Clerk (419) 782-1936. Court Administrator Alyson M. Hageman.
Four-County Local Rules (Defiance/Fulton/Henry/Williams). defiance-county.com — uniform local rules covering all four Northwest Ohio counties.
Defiance County Probate and Juvenile Court. 221 Clinton Street, Second Floor — (419) 782-4181. Judge Jeffrey A. Strausbaugh. Magistrate Carson L. Slade. Email probatecourt@defiancecounty.oh.gov.
Defiance County Juvenile Probation Department. 1300 East Second Street, Suite 203, Defiance, OH 43512. Phone (419) 782-0226. Hours M-F 8:00 AM - 4:30 PM.
Ohio Supreme Court Standardized Forms. supremecourt.ohio.gov — Defiance County uses Ohio SC standardized DR and Juvenile forms for all filings.
Defiance County Child Support Enforcement Agency. Handles paternity, support establishment, modification, and enforcement.
Legal Aid of Western Ohio. Serves Defiance County. Phone 1-888-534-1432.
Ohio Child Support Calculator. ohiochildsupportcalculator.ohio.gov — run the worksheet and print it for filing.
Ohio Legal Help. ohiolegalhelp.org — plain-language guides and interactive court forms.

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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