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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
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Experience:  25 years experience as practicing attorney
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My ex-husband is self employed. The monthly alimony is paid

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My ex-husband is self employed. The monthly alimony is paid through CSE in Ohio. He pays it late each month and I want to know what form I need to obtain to file contempt charges to go back to court to have the money automatically taken from his checking account on a specific day each month.
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.

-Could you explain your situation a little more?
Is this spousal or child support? Ohio does not have alimony and you said this was being paid through CSE so I just want to be certain?

Is this being paid by court order?

Are the payments late per the court order?

Customer: replied 5 years ago.
This is spousal support. We were married 30 years and he is to pay it each month. There was no specific date put in the court ordered support payments. It couldn't be deducted through his employer since he is self-employed. So he paid it about the 25th each month on time, now it goes into the next month and is paid around the 10th. So it just keeps getting later into the next month.
Expert:  Dave Kennett replied 5 years ago.

Dear melaniernat - If he is late with the payment you can file a motion for contempt and ask for attorney fees. If the order from the court simply says "every month" then you have no basis for asking for the payment on a certain date unless you file a motion to amend the previous order. My experience with the courts is that, if the payments are being made reasonable on time the court is not going to do much to the obligor since they have plenty of cases of serious defaults, especially in child support.

So legally, if he is late, you can file a motion for contempt but if he is paying within the month then you would have to get a court order to change the date to earlier in the month. You may want to file the contempt motion just to see if it will prompt him to pay within the month due but don't count on the court doing much to him for the contempt if he is only a few days late.

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