Solove v. Solove, 2012 Ohio 1335

Married couple divorced by agreed decree on June 7, 2007; parenting plan obligated father to provide health insurance if mother could obtain reasonable-cost coverage through employment and if cheaper or better than father's plan.
On Feb 23, 2011, Jerome Solove filed a motion to require Alice Solove to insure the children; Alice answered with a pro se show-cause alleging failure to pay spousal support.
A May 2, 2011 hearing was held after the magistrate overruled Alice’s motion to continue; both parties were sworn and Alice withdrew her contempt motion.
The magistrate found Alice in contempt and ordered her to obtain and maintain health insurance for the minor children; the trial court overruled objections and adopted the magistrate’s decision.
Alice challenges (1) contempt finding without a pending contempt motion, (2) requirement to provide insurance, (3) hearing procedures, and (4) denial of a continuance; the appellate court ultimately sustains some challenges and vacates the contempt finding.
The appellate court affirms the judgment in part but vacates the contempt finding, with costs to be split between the parties.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Contempt finding without a pending contempt motion	Solove: no contempt motion pending; improper contempt	Solove: contempt can be civil for noncompliance with orders	Contempt finding vacated; improper without pending motion
Order to obtain health insurance	Solove: costs/coverage not proven; burden on Alice to show better/cheaper option	Solove: shared plan requires mother to insure if cheaper/better option	Second assignment overruled; assignment affirmed that court could order insurance
Procedural sufficiency of the hearing	Solove: magistrate failed to follow proper procedures	Solove: hearing was informal but adequate; parties sworn	Third assignment overruled; hearing not procedurally flawed
Contested continuance denial	Solove: continuance requested due to attorney availability	Solove: motion was pending and ample time to hire counsel	Fourth assignment overruled; issue not preserved for appeal

State v. Flinn, 7 Ohio App. 3d 294 (Ohio Ct. App. 1982) (definition and civil/criminal contempt distinctions; burden of proof)
Pugh v. Pugh, 15 Ohio St. 3d 136 (Ohio Supreme Court 1984) (civil contempt remedial purpose; burden of proof)
In re Purola, 73 Ohio App. 3d 306 (Ohio Ct. App. 1991) (civil contempt purgeability requirement)
Tucker v. Tucker, 10 Ohio App. 3d 251 (Ohio Ct. App. 1983) (purging contempt vs. future-conduct regulation)
Brown v. Executive 200, Inc., 64 Ohio St.2d 250 (Ohio Supreme Court 1980) (burden of proof in civil contempt)
State ex rel. Ventrone v. Brikel, 65 Ohio St.2d 10 (Ohio Supreme Court 1981) (abuse of discretion standard)