Frey v. Frey, 967 N.E.2d 246

Kimberly Frey appeals a contempt judgment for failing to pay court-ordered child support under an August 4, 2010 agreed entry.
Rick Frey was previously designated residential parent; the parties had ongoing disputes over child support calculations and payments.
The August 4, 2010 order required Kimberly to pay ongoing child support ($356.57 monthly) plus $72 monthly toward an overpayment, plus processing fees, and to establish an automatic withdrawal account; it also included a seek-work requirement.
Kimberly testified she had limited income from December 2010 onward and later obtained a part-time job, with some smaller payments toward the obligation.
HCCSEA filed contempt proceedings; the trial court found Kimberly in contempt for nonpayment and imposed a suspended 10-day jail sentence conditioned on employment and purging the contempt, plus ongoing monthly payments.
The appellate court sustained the contempt finding but remanded for clarification on purge conditions, holding some purge-conditions were vague and not properly tied to the contempt.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a contempt finding was proper despite alleged inability to pay	Frey contends inability to pay negates contempt.	Frey argues her efforts and lack of income justify noncompliance.	Contempt affirmed; inability to pay not proven conclusively.
Whether the purge/sanction structure allowed a proper opportunity to purge	Contempt should permit purge through future payment or compliance.	Sanction included seek-work and payment conditions.	Second/Third errors sustained; purge mechanism found unclear and improper.
Whether the purge conditions properly related to the contempt for nonpayment	Conditions tied to ongoing payments and employment to purge contempt.	Conditions were part of enforcement strategy.	Purfeasibility questioned; purge conditions not properly delineated for arrearage vs. ongoing obligations.

Cooper v. Cooper, 14 Ohio App.3d 327 (1984) (two elements: finding of contempt and final sanction)
Chain Bike v. Spoke ’N Wheel, Inc., 64 Ohio App.2d 62 (1979) (contempt finality; sanctions must follow a contempt finding)
Brown v. Executive 200, Inc., 64 Ohio St.2d 250 (1980) (civil contempt may involve conditional prison sentence to purge)
Pugh v. Pugh, 15 Ohio St.3d 136 (1984) (inability to pay as defense; burden on contemnor to prove)
Windham Bank v. Tomaszczyk, 27 Ohio St.2d 55 (1971) (contumacious conduct judged under contempt standards)
State ex rel Turner v. Bremen, 118 Ohio St. 639 (1928) (courts may suspend sentences to afford purging opportunity)