In re A.N., 2013 Ohio 3816

CCJFS filed a 2010 motion to show cause for L.C.'s nonpayment of court-ordered child support.
A contempt hearing was held Sept. 21, 2010; a capias was issued due to the father's failure to appear.
Nov. 29, 2011, a magistrate found the father in contempt and imposed a 25-day suspended jail sentence with purge conditions requiring $1,000 toward arrears within 120 days.
Trial court adopted the magistrate's decision on Jan. 18, 2012.
Purage review scheduled for Aug. 2, 2012; father did not appear, capias issued; he was later apprehended in Feb. 2013; he testified to wage-earning and past nonpayment prior to Oct. 2012.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court applied the correct burden of proof in contempt and purge proceedings.	CCJFS asserts the state bears initial burden; after contempt is proven, contemnor must prove purge-compliance.	Father contends purge burden rests on CCJFS and that he did purge by wage withholding, etc.	Abuse of discretion; remand to apply correct burden.
Whether there was any just cause to impose the suspended sentence given purge compliance.	CCJFS argues noncompliance with purge condition warranted punishment.	Father asserts he purged by paying arrears or complying via wage withholding.	Remanded to determine purge compliance under correct burden.

Ventrone v. Birkel, 65 Ohio St.2d 10 (Ohio 1981) (abuse of discretion standard in contempt proceedings; burden rules described)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion and factual review standards)
Liming v. Damos, 133 Ohio St.3d 509 (Ohio 2012) (burden to prove inability to pay rests with contemnor; purge conditions must be possible to perform)
Cook v. Cook, 66 Ohio St. 566 (Ohio 1902) (inability-to-pay defense rests with contemnor; early authority on burden in contempt)
Hicks v. Feiock, 485 U.S. 624 (U.S. 1988) (burden to prove inability to pay is constitutionally valid in civil contempt)