USA – OHIO Law and Practice Contributed by: Andrew A Zashin, Amy M Keating, Kyleigh A Weinfurtner and Christopher R Reynolds, Zashin Law
tic relations courts lack jurisdiction to divide an unmarried couple’s assets or to issue support orders for unmarried couples. If an unmarried couple jointly owns assets, the couple will need to commence any relevant actions for the divi - sion of those assets in the general division of the court of common pleas, or other appropriate court. The court would then divide the assets pursuant to the relevant Ohio law. Similarly, if the unmarried parties entered into a cohabita - tion agreement outlining the division of assets or other terms in the event of the breakdown of their relationship, the party seeking enforcement of that agreement would need to commence the action in the general division of the court of com - mon pleas in the appropriate county. As a limited exception to the above, Ohio domestic relations courts can issue civil pro - tection orders for victims of domestic violence cohabiting with an aggressor. As a part of such an order, the court can grant the petitioner-victim exclusive access to property, vehicles, and pets. These orders would not change ownership of the assets, however, and can only be issued for a maximum of five years, unless renewed. Further, unmarried couples with children can seek orders regarding parental rights and responsibilities, as well as child support, from the appropriate court of the county where the child resides. 2.7 Enforcement Enforcing Terms of a Divorce Decree If a party does not comply with the terms of a divorce decree, or subsequent modification thereof, the injured party may enforce those terms by initiating contempt proceedings against the non-complying party. In such an event, the injured party commences the contempt action by filing a “motion to show cause”, asking the non-complying party to come forth and show why they should not be held in contempt of court
for failing to comply with its order. This motion must be properly served on the non-complying party in accordance with the Ohio Rules of Civil Procedure in the same way as an original com - plaint. After the non-complying party is served, the court will set a hearing to determine whether the party has complied with the terms of the divorce decree or not. If the party has not complied, that party may assert a defence explaining why they failed to comply with the court’s order. If the court determines that the non-complying party lacks a valid defence for their failure to comply with the court’s order, the court may order the non-complying party to “purge” their contempt by complying with the court order, or performing other acts (usually paying the aggrieved party’s attorney fees), within a certain period of time. If the non-complying party fails to timely com - ply with the purge terms, the court may issue a fine or jail sentence for failure to comply with the court’s order. The court may also, in its dis - cretion, award reasonable attorney fees and costs to the party that had to seek the court’s assistance in enforcing the terms of its order. In some instances, these awards of attorney fees and costs is mandatory. International Enforcement of Child Support Orders Among the various international treaties that the United States is a party to is the Hague Con - vention on International Recovery of Child Sup - port and Other Forms of Family Maintenance. As a result, Ohio child-support orders may be enforced in other countries that are also parties to the Convention. Ohio courts may also enforce child-support orders issued by other countries. Ohio courts may review the foreign order, how - ever, before ordering its terms into effect and can
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