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COURT OF COMMON
DOMESTIC RELATIONS
HAMILTON COUNTY,

0107537736

MELISSA HENDON DETERS

WREOECREE
( ) POST DECREE
( ) Chg. of Cust.
PLEAS
~ }Vis. Enforce/Mod.
DIVISION
Q$J Sup. Enforce/Mod.
OHIO
( ) Others

CASE NO. DR1302234

Plaintiff
JUDGE LEWIS
VS.
JOESPH THEODORE

DETERS

MOTION FOR CONTEMPT

Defendant
Plaintiff, by and through counsel, hereby moves this Court pursuant to R.C. 2705.02 and
2705.031

for an order finding the Defendant

in contempt for his violation of this Court's orders of

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November

25,2013,

February 25,2014,

June 27, 2014 and August 4, 2014.

Defendant

has failed to attend the mandatory

sp.efricall~
.

parenting education

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amount of child and spousal support: failed to pay private school tuition for the r1i'iii1r chi~

Plaintiff also requests an award of attorney fees and costs incurred in bringing thiS='
sz:

is supported

by the memorandum

WHEREFORE,
contempt;

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class; failed t?-pay th~rop~r::.~

a-

motion both as part of the contempt

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as well as pursuant to 3105.73, and 3113.04.

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This IT(otion~

attached hereto.

Plaintiff moves for an Order from the Court finding Defendant

requiring him to immediately

in

bring his support current: requiring him to pay all

attorney fees and costs incurred by the Plaintiff in bringing this action; and for all other relief that
is just and equitable.

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~ James H. Moskowitz
#0064190
Attorney for Plaintiff
2900 Carew Tower
441 Vine Street
Cincinnati, Ohio 45202
(513) 721-3111
(513) 721-3077 fax
jim@moskowitzlegal.com
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MEMORANDUM
On November 25, 2013, an Administrative Judge's Order was filed. That order was
served on all parties on November 26, 2013 via regular mail. Pursuant to that order, Defendant
was required to attend a mandatory parenting education class within forty-two (42) days of the
date on which he was served with process. It is Plaintiff's good faith belief that, as of the date
on which this motion is filed, Defendant has failed to attend the class.
A Judge's 75N Order was filed on February 25, 2014. Pursuant to the order,
effective February 21, 2014, Defendant was required to pay child support in the sum of
$1,677.00 per month and spousal support in the sum of $8,000.00 per month. The order also
required each party to continue to make payments they were currently making. At that time,
Defendant was paying the private school tuition for the minor child. That order was modified by
an order filed on August 4,2014.

Pursuant to the order, effective June 27, 2014, Defendant

was required to pay child support in the sum of $718.75 per month and spousal support in the
amount of $500.00 per month.
Defendant has made the following payments: $2,235.00 in February 2014;
$9,262.97 in March 2014; $9,677.00 in April 2014; and $2,850.00 in June, July and August
2014. Plaintiff believes that the Defendant has failed to pay the proper amount of support.
Plaintiff also believes that the Defendant has failed to pay the private school tuition for the minor
child.
R.C. 2705.02(A) grants the Court authority to punish a person who disobeys or
resists a lawful order with a finding of contempt. R.e. 2705.031 authorizes a party who has a
legal claim for child and spousal support to initiate a contempt action for failure to pay the
support. R.C. 3113.04 mandates that, if a person is found in contempt forfailing to pay court
ordered child support, the court shall assess all court costs and require the person to pay any
reasonable attorney's fees. R.C. 3105.73 grants the Court authority to award attorney's fees
and litigation expenses incurred in a post-decree motion or proceeding.

Respectfully

submitted,

skowitz & Moskowitz, LL

James H. Moskowitz
#006
Attorney for Plaintiff
2900 Carew Tower
441 Vine Street
Cincinnati, Ohio 45202
(513) 721-3111
(513) F1-3077 fax
jim@moskowitzlegal.com

NOTICE OF HEARING
-:ttlease
~

take notice that the forgoing matter will be heard before Judge Lewis on the

day of ~

2014 from ~

Hamilton County Court of Domestic

Ji. m. to .ls.: ~.m.

Relations,

CERTIFICATE
The undersigned

800 Broadway,

in Room

Cincinnati,

Ohio 45202.

OF SERVICE

hereby certifies that a copy of the foregoing

served upon Gregory L. Adams, Attorney for Defendant,

2014 and on the Defendant

of the

motion for contempt was

by em ail this __

through the Clerk of Courts via certified mail.

th day of August,