(A) As used in this section, TITLE IV-D CASE has the same meaning as in R.C. § 3125.01.
(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 R.C. § 3109.051 or 3109.12, any person who is granted visitation rights under a visitation order or decree issued pursuant to R.C. § 3109.051, 3109.11 or 3109.12 or pursuant to any other provision of the Ohio Revised Code, or any other person who is subject to any parenting time or visitation order or decree, may initiate a contempt action for the 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 purposes 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 R.C. § 4510.021 pursuant to a request made by the accused, if the driver’s license was suspended based on a notice issued pursuant to R.C. § 3123.54 by the child support enforcement agency and if the request is accompanied by a recent non-certified 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 under § 33.25 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 § 33.25 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 § 33.25 in all cases in which the failure or interference is at issue even if the parenting time or visitation order or decree is no longer in effect.
(R.C. § 2705.031) (Rev. 2013)