Motion To Show Cause For Non-Payment Of Support Form - Court Of Common Pleas, Cuyahoga County, Ohio
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3INSTRUCTIONS FOR COMPLETING AND FILING MOTION TO SHOW CAUSE FOR
NON-SUPPORT
Failure to comply with a support order of court may be contempt of court. Support
includes monthly payments and health care expenses. A motion to show cause is used to bring
one party’s failure to comply with a Court support order to the Court’s attention. The motion to
show cause must be completely filled out and must be supported by an Affidavit.
Caption:
On the line labeled “Plaintiff/Petitioner-01” write the name of the same person
who was the original Plaintiff or Petitioner-01 when the case was first filed.
On the line labeled “Defendant/Petitioner-02/Respondent write the name of the
person who was the original Defendant, Petitioner-02 or Respondent when the
case was first filed.
Use the same case number that was assigned by the Clerk of Courts when the
case was first filed. Write the name of the same Judge also.
Paragraph 1: Write your name and whether you are “Plaintiff”, “Defendant”, etc. on the first
line, your former spouse’s name and whether he/she is “Plaintiff” or “Defendant”
etc. on the second line. On the third line identify by date the Court order that you
believe your former spouse has not obeyed. (This date is on the order in the
stamp marked “Received for Filing” close to the Judge’s signature.)
Check boxes: Check the boxes that describe the parts of the support order that you claim your
former spouse did not obey. Fill in all applicable lines.
Signature:
Print your name on the first line, sign it on the second line, and print your address
and daytime telephone number where indicated.
Affidavit:
You must prepare and attach a Non-Support Notarized Affidavit (last page of this
packet) explaining how you believe your former spouse failed to comply with the
Court order. You must fill in ALL appropriate information on the lines provided. If
you are claiming that your former spouse failed to pay health care expenses you
must attach an itemized list of those expenses.
FILING THE MOTION TO TERMINATE CURRENT SUPPORT
You must file the motion with the
Clerk of Court
located in Room 35 on the ground floor
of the Cuyahoga County Courthouse, 1 W. Lakeside Ave., Cleveland, Ohio 44113. You will be
required to pay a “filing fee” to the Clerk of Court at the time you file the motion. Please refer to
Local Rule 1
of this Court’s Rules for the correct amount.
SERVICE
The Court cannot consider your motion unless it has been “served” on the other party in
your case. The motion you file must be “served” by the Clerk of Court by “certified mail”. You
must instruct the Clerk to do this by filing
“Instructions for Service”
(found on this website), and
you must provide the Clerk with a copy of the motion.
If the mail is returned to the Clerk from the Postal Service as “unclaimed” or “refused”,
that information is posted on the
“docket”
in your case, and you will be notified by post card. You
must then instruct the Clerk to send a copy of your motion by “ordinary mail”. To do this, you
must file a new “Instructions for Service” form, requesting that service be made by “ordinary
mail”, and give the Clerk another copy of the motion.
PLEASE NOTE:
IT IS YOUR RESPONSIBILITY TO MAKE SURE SERVICE IS
COMPLETED. THIS WEBSITE DOES NOT EXPLAIN ALL THE EXCEPTIONS OR OTHER
LEGAL METHODS OF SERVICE. FOR FURTHER INFORMATION REFER TO RULES 4
THROUGH 4.6 OF THE
OHIO RULES OF CIVIL
PROCEDURE.
DR0900001 Motion to Show Cause for Nonpayment of Support
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