Enforcing Orders in Montgomery County
Montgomery County, Ohio · Dayton
When the other party ignores a custody, parenting-time, or support order, a motion for contempt asks the Montgomery County court to enforce it. Penalties can include makeup parenting time, attorney fees, fines, and jail. File in the court that issued the order — DR for married/divorced parents, Juvenile for never-married parents. Post-decree motions carry a $200 deposit at the DR Court.
How do I file for contempt in Montgomery County, Ohio?
File a Motion for Contempt (or Order to Show Cause) in the court that issued the order — the Montgomery County DR Court (301 West Third Street) or the Juvenile Court (380 West Second Street). The motion must identify the specific order and how it was violated. DR post-decree motions carry a ~$200 deposit. If the court finds contempt, it can order makeup parenting time, attorney fees, fines, and up to 30 days in jail (purgeable by compliance).
Where to File: Montgomery County Court of Common Pleas, Domestic Relations Division
301 West Third Street, 2nd & 3rd Floor, Dayton, OH 45422, Dayton, OH 45422Phone: (937) 225-4063
Hours: Monday–Friday, 8:30 a.m. – 4:30 p.m. (closed for lunch 12:00–1:15 p.m.)
Website: drcourt.mcohio.org
e-Filing: https://mcclerkofcourts.org/
Juvenile Branch (Never-Married Parents)
Montgomery County Juvenile Court
380 West Second Street, Dayton, OH 45422, Dayton, OH 45422
Phone: (937) 496-7908
Hours: Monday–Friday, 8:30 a.m. – 4:30 p.m.
Post-Decree Contempt is the right path if…
- The other party is violating a court order for parenting time, custody, or support.
- You have a clear, current order that spells out the obligation being ignored.
- Informal resolution hasn't worked and you need the court to enforce.
- You're filing in the county that issued the order.
Filing Fees
~$200 post-decree deposit at DR · Juvenile contempt filings follow the Juvenile Court fee schedule
Forms & Filing Packets
Contempt at Domestic Relations (married/divorced parents) — ~$200 post-decree deposit
- Order to Show Cause (DR Appendix Form 2) — The DR Court's show-cause order requiring the other party to appear and explain why they should not be held in contempt for violating an order.
- Motion for Contempt (Ohio Legal Help assistant) — Montgomery County's guided interview to prepare a motion for contempt identifying the violated order and the relief you seek.
Contempt at Juvenile Court (never-married parents)
- Contempt Packet (Juvenile Court) — The Montgomery County Juvenile Court pro se packet to enforce a custody, parenting-time, or support order against a party in violation.
How to File Post-Decree Contempt in Montgomery County
- Confirm a clear order exists. Have a copy of the current order being violated — parenting time, custody, or support.
- Document the violations. Keep dated records of missed exchanges, denied parenting time, or unpaid support.
- File the right motion or packet. DR: Order to Show Cause or the Ohio Legal Help motion for contempt. Juvenile: the Contempt Packet. Pay the ~$200 deposit at DR.
- Serve and attend the hearing. The other party must be served and ordered to appear. Bring your documentation to the hearing.
Montgomery County Practice Notes
- Be specific about the violation. Contempt motions must point to a clear, current order and describe exactly how it was violated — dates, missed exchanges, or unpaid support amounts. Vague allegations are routinely denied.
- Purge conditions. Ohio contempt is usually civil and 'purgeable' — the court sets conditions (such as paying arrears or returning to compliance) the violator can meet to avoid the penalty. Repeated or willful violations draw stronger sanctions, including jail.
Frequently Asked Questions
- Do I file in Domestic Relations or Juvenile Court in Montgomery County?
- If you are married to the other parent (or were married when the children were born), custody, parenting time, and child support travel with the divorce, dissolution, legal separation, or annulment at the Domestic Relations Court, 301 W. Third Street. If you were never married, paternity and custody go to the Montgomery County Juvenile Court at 380 W. Second Street — a separate building in downtown Dayton. Grandparent and non-parent custody is always Juvenile.
- How much does it cost to file in Montgomery County?
- Domestic Relations deposits: divorce $375 without children / $475 with children; dissolution $300 without children / $400 with children; legal separation $300 / $400; annulment $300. Post-decree motions are $200 and service by publication is $200. There is no filing fee for a DV/CPO. Court surcharges (Technology $20, E-Filing/Storage $35, Parent Education $10, and others) are added per Mont. D.R. Rule 2, and a 3% convenience fee applies to card and e-filing payments. Confirm current amounts with the Clerk of Courts at 41 N. Perry Street.
- How do self-represented parties file in Montgomery County DR Court?
- Self-represented parties cannot e-file. Start at the Court Navigator's Office (Room 222, 2nd Floor) for help, then submit your completed forms to the Compliance Office (Room 261, 2nd Floor of 301 W. Third Street), (937) 225-4782. The Compliance Office reviews every self-represented filing and every decree with support provisions — corrections must be made in white-out and blue ink (no cross-outs). After approval you complete a Primary Party Questionnaire at the kiosk and file with the Clerk at 41 N. Perry Street.
Free Local Resources in Montgomery County
- Montgomery County DR Court — Ohio Legal Help Self-Help Portal. Free step-by-step interviews and fillable forms for Montgomery County divorce, dissolution, legal separation, annulment, custody, support, and protection-order cases at mcdrc.ohiolegalhelp.org.
- Montgomery County DR Court Navigator & Legal Clinic. The Court Navigator (Room 222, (937) 496-7766) and the free virtual Legal Clinic with the Greater Dayton Volunteer Lawyers Project (2nd Tuesday and 3rd Thursday monthly) help self-represented parties understand procedures and complete forms.
- Montgomery County Juvenile Court Citizen Services. Free pro se assistance for custody, parenting time, child support, paternity, contempt, and grandparent filings at (937) 224-3977, citizen.services@mcjcohio.org — walk-in Monday/Tuesday, by appointment Wednesday–Friday.
- Montgomery County CSEA. The county IV-D child-support agency at (937) 225-4600, 1111 S. Edwin C. Moses Blvd., opens cases, runs wage withholding, distributes payments, and enforces orders.
Other Family-Law Topics in Montgomery County
- Montgomery County Divorce — Full filing guide for contested divorce in Montgomery DR.
- Montgomery County Dissolution — Both-parties-agree route — faster and cheaper than divorce.
- Montgomery County Custody — Married parents file inside divorce; never-married parents file at the Juvenile Court.
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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