Legal Question in Family Law in Ohio

I was awarded furniture in my divorce. My ex failed to give it to me and says he no longer has them. It has been 3 months since he was supposed to give them to me. When I went to pick them up, he gave my one item, but not the other two. How can I go about having him replace the items? Do I need to file something with the divorce court? Do I file a case with small claims court?


Asked on 12/31/12, 7:01 am

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, if a party to a divorce court Entry splitting up assets is not adhering to the requirements of the Entry, then the wronged party can bring an action for Contempt of Court with the divorce court that filed the Entry that was disobeyed. The disobedient party will then have to show good cause to the Court why he did not follow the Court's order. If he can't show good cause, then the Court can find him in contempt. The Court will then usually sentence the person to a certain number of days in jail to start some time in the near future, with the proviso that if he comes into compliance with the Court order before that time, then the jail can be avoided.

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Answered on 1/02/13, 10:02 am


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