Willful Failure to Pay Child Support

Question: Can someone please advise me on what to do with my situation? Here is a summary: I have been battling the red tape in the child support system in Cuyahoga county for 12 YEARS.

The absentee parent moved to another county to escape his responsibilities. He has paid menial amounts, like 30 dollars when he felt like it, after numerous times I missed work and school in order to make court appearances.

He has had his licenses suspended years ago, but when through some program called TIPS to get it back, he always manages to pay the lump sum to keep himself out of jail, $300 in 2004 and $700 in 2009, but he somehow always get away with not paying the court ordered amount.

The absentee parent lives in Canton and has worked jobs down there under the table. I currently made another motion with the courts because he has not been paying the court ordered amount, he continues to pay $30 here and there when he wants. The magistrates have suspended his jail sentence time and time again. He even became so bold as to not appear in court the last time he was ordered to but I have been there for every single one.

I currently have a summons to go back, if he doesn’t want to pay the support then fine put him in jail. This whole ordeal has been stressful, I just graduated and I am having trouble finding employment. I have always stood on my own two feet, but I need a little help. Can anyone point me in the right direction and tell me what I need to do, or who I need to talk to make this order stick? Thanks

Answer: If he pays when you take him to court to stay out of jail, next time ask the court for an automatic revew of the case every 60 days by the referee. That way you will get  a payment at least every 60 days. Or you may want to go to the Cuyahoga County Prosecutor and ask for crimnal non-support charges to be filed. You will need proof  he has income to do this. Willful failure to pay support is a felony in Ohio. 

If you know what kind of work he does, have a friend contact him to seek an estimate and to obain referneces for work done.  Then your friend can testify  at court to show he has income and willfully fails to use it to support his chldren.  This information can be given to the court to show willful non-support for either a crimnal case or at a contempt of court hearing.