Ohio § 2705.031

§ 2705.031.

(A) As used in this section, “Title IV-D case” has the same meaning as in section 3125.01 of the Revised Code . (B)(1) Any party who has a legal claim to any support ordered for a child, spouse, or former

spouse may initiate a contempt action for failure to pay the support.  In Title IV-D cases, the contempt action for failure to pay support also may be

initiated by an attorney retained by the party who has the legal claim, the prosecuting

attorney, or an attorney of the department of job and family services or the child

support enforcement agency. (2) Any parent who is granted parenting time rights under a parenting time order or decree

issued pursuant to section 3109.051 or 3109.12 of the Revised Code , any person who is granted visitation rights under a visitation order or decree issued

pursuant to section 3109.051 , 3109.11 , or 3109.12 of the Revised Code or pursuant to any other provision of the Revised Code, or any other person who is

subject to any parenting time or visitation order or decree, may initiate a contempt

action for a failure to comply with, or an interference with, the order or decree. (C) In any contempt action initiated pursuant to division (B) of this section, the accused

shall appear upon the summons and order to appear that is issued by the court.  The summons shall include all of the following: (1) Notice that failure to appear may result in the issuance of an order of arrest, and

in cases involving alleged failure to pay support, the issuance of an order for the

payment of support by withholding an amount from the personal earnings of the accused

or by withholding or deducting an amount from some other asset of the accused; (2) Notice that the accused has a right to counsel, and that if indigent, the accused

must apply for a public defender or court appointed counsel within three business

days after receipt of the summons; (3) Notice that the court may refuse to grant a continuance at the time of the hearing

for the purpose of the accused obtaining counsel, if the accused fails to make a good

faith effort to retain counsel or to obtain a public defender; (4) Notice of the potential penalties that could be imposed upon the accused, if the

accused is found guilty of contempt for failure to pay support or for a failure to

comply with, or an interference with, a parenting time or visitation order or decree; (5) Notice that the court may grant limited driving privileges under section 4510.021 of the Revised Code pursuant to a request made by the accused, if the driver's license was suspended

based on a notice issued pursuant to section 3123.54 of the Revised Code by the child support enforcement agency and if the request is accompanied by a recent

noncertified copy of a driver's abstract from the registrar of motor vehicles. (D) If the accused is served as required by the Rules of Civil Procedure or by any special

statutory proceedings that are relevant to the case, the court may order the attachment

of the person of the accused upon failure to appear as ordered by the court. (E) The imposition of any penalty for contempt under section 2705.05 of the Revised Code shall not eliminate any obligation of the accused to pay any past, present, or future

support obligation or any obligation of the accused to comply with or refrain from

interfering with the parenting time or visitation order or decree.  The court shall have jurisdiction to make a finding of contempt for the failure

to pay support and to impose the penalties set forth in section 2705.05 of the Revised Code in all cases in which past due support is at issue even if the duty to pay support

has terminated, and shall have jurisdiction to make a finding of contempt for a failure

to comply with, or an interference with, a parenting time or visitation order or decree

and to impose the penalties set forth in section 2705.05 of the Revised Code in all cases in which the failure or interference is at issue even if the parenting

time or visitation order or decree no longer is in effect.