Enforcing a Court Order

If someone disobeys or ignores a court order or court rule, they may be acting “in contempt of court” (which is also called “in contempt”). 

Civil contempt is when someone intentionally disobeys a court order (like if your ex-spouse decides not to pay required child support). Many cases of contempt in family law are civil. Filing an action for civil contempt is a way to make someone follow the court order. Punishment may include fines, jail time or both. Jail time is unlikely (unless the offense was severe or repeated).

Before filing for contempt

Before you file for contempt:

• Read your court order carefully. Determine if your ex-spouse is disobeying the order. You should be certain your ex is intentionally disobeying the order.
• Try to get your ex-spouse to follow the order without the Court’s help. You may try sending emails, texts or letters asking your ex-spouse to follow the order. You should save copies of all the messages you send. You can use these messages for evidence later.
• Talk to the child support enforcement agency. If your ex-spouse fails to pay required child support, contact the enforcement agency. In Cuyahoga County, the child support enforcement agency is the Office of Child Support Services. The agency may hold an administrative hearing. The agency can file for contempt for failure to pay child support.
• Talk to a lawyer. Ask your lawyer if filing for contempt is appropriate in your situation. If you need help finding a lawyer, go to “Legal Help and Lawyers” on this page.

If you decide to file for contempt, you must gather evidence. A lawyer can help you gather effective evidence. You need evidence proving that your ex-spouse:

• Knows about the order. You must prove that your ex-spouse knows about the responsibility.
• Is able to comply with the order. You must prove that it is possible for your ex-spouse to follow the order.
• Lacks a valid excuse for disobeying the order. You must prove that your ex-spouse lacks an excuse. If your ex has a valid excuse (like a huge snowstorm makes it impossible to travel for parenting time), they are likely not considered in contempt.

Filing for contempt

To file for contempt, you must prepare a motion for contempt. A lawyer can help you prepare your motion. The motion should include:

• Details about the original court order. The motion explains the order’s requirements.
• Information about how the other party is disobeying the order. The motion must include an affidavit (sworn statement) explaining how the other party is failing to follow the court’s order.
• If your motion is for unpaid medical expenses, you must include an itemized bill and the Explanation of Healthcare Bills form.
• A request for an Order to Show Cause. The Order to Show Cause commands the other party to attend a court hearing at a specific date and time to defend themselves.

Go to the Motion for Contempt on this site to complete the forms you will need to file in Cuyahoga County Domestic Relations Court.

You also can find information about motions to enforce a child support or spousal support order in Local Rule 20. 

Once you have completed the forms and are ready to file:

• Print your completed forms. You can print your forms at any Cleveland Public Library for .10 per page. On Wednesdays, you can also print your forms at the Law Library, which is located on the fourth floor of the Cuyahoga County Court House at 1 W. Lakeside Ave.  You can print up to 25 pages for free at the Law Library. There is a fee of .20 per additional page. You should make at least one extra copy of your forms for your records.
• After you print your forms, you will need to sign your documents in front of a notary. The Law Library has staff who can notarize your forms for you. You also can find a notary by searching on your browser for “a notary near me.” The Help Center at the Domestic Relations Court also has staff who can notarize your forms for you.
• Bring your completed, signed and notarized forms to the Clerk of Court. The Domestic Relations Clerk of Court is located on the ground floor of the Cuyahoga County Court House at 1 W. Lakeside Ave.
• Give the clerk your forms to file. There is no filing fee to file a Motion for Contempt.

You also have the option to efile your forms. Learn more about efiling from the Cuyahoga County Clerk of Courts.

If you have a low income and can’t afford the filing fee, you can choose to add a Civil Fee Waiver Affidavit, or Poverty Affidavit, to create an additional form to file with your packet of documents. This form asks that you be allowed to file without paying a fee upfront. You may still be responsible for paying the fee at the end of the case.

If you have questions about the process of filing a motion, you can contact the Help Center at (216) 443-8880.

After filing for contempt

If your ex has low income and is accused of a jailable offense (like failing to pay child support), they may qualify for a public defender to represent them. Or, your ex may hire a private lawyer.

After filing for contempt, you, the other party and your lawyers attend a court hearing to present evidence. The Judge decides if there is enough evidence to show that your ex is in contempt.

If the Court finds enough evidence to prove that your ex intentionally disobeyed the court order, the Court gives consequences to fix the violation (like ordering an extra fine to repay costs, or ordering extra parenting time to make up for missing parenting time). Also, the Court may order the person in contempt to pay your legal fees and court costs that were part of the contempt case. The Judge states a deadline for completing any consequences and paying any fines.

You still may be responsible for paying debts

If you have debt in your name or shared with your ex-spouse, creditors can hold you legally responsible for payment. Creditors can hold you responsible for payment even if your court order says your ex-spouse is responsible for paying the debt.