What is a motion for contempt in family court?

It is a request asking the court to find that a party willfully disobeyed a family court order, such as a child support, spousal support, custody, parenting time, or property division order, and to order steps that bring them into compliance. In civil contempt the aim is compliance, not punishment.

What do I have to prove?

Generally you must show that a valid and clear court order existed, that the other party knew about it, and that they did not comply. In support cases the court also considers whether the other party had the ability to pay and whether the failure was willful. Dated records, payment histories, and messages help you meet that burden.

Will the other parent go to jail?

Not automatically. The judge decides whether contempt is proven and what remedy fits. Jail in civil contempt is a last resort meant to secure compliance, and the court must give the person a purge condition, such as paying a stated amount, that lets them end it. Many cases end with a payment plan, a judgment for arrears, make-up time, or fees instead.

What if the other party says they could not afford to pay?

Inability to pay is a common defense. If the court finds the other party truly could not pay and did not cause that situation on purpose, it may decline to find contempt. The unpaid amount usually remains owed, and the court may still enter a judgment for arrears or set a payment schedule.

Can I stop paying support if the other parent is not following the parenting schedule?

No. Support and parenting time are separate obligations, and withholding one because of problems with the other is not allowed and can itself be contempt. The same is true in reverse: do not deny parenting time because support is unpaid. Keep following the order and ask the court to enforce it.

Does my state have an official form for this?

Many states and courts publish official forms for contempt or enforcement, such as an order to show cause with a supporting affidavit. Check your court's self-help center or clerk. If an official or mandatory form exists, the court's form controls and should be used for filing.

How do I serve a motion for contempt?

Because contempt can result in fines or jail, most courts require personal service on the other party rather than mailing, usually by a sheriff, a process server, or an adult who is not a party. The papers generally must be served a minimum number of days before the hearing, and you file a proof of service with the court.

Is a support enforcement agency faster than filing contempt?

Often, for unpaid child support. The government child support agency can use income withholding, tax refund intercepts, license suspension, and credit reporting, frequently at little or no cost to you. A contempt motion may still make sense for parenting time or property terms, or when agency action has not worked.

Can the judge change custody or support at a contempt hearing?

A contempt hearing is about whether the existing order was followed. Changing support or the parenting plan usually requires a separate request to modify, based on a change in circumstances. If you need a change, file that request separately rather than relying on the contempt motion.

What if I am afraid of the other party?

If there is domestic violence or a safety risk, contact local law enforcement in an emergency and ask the court about a protective order. Do not confront the other party to gather evidence. You can tell the court about safety concerns so the hearing and any exchanges are handled safely.

Motion for Contempt

Ask the family court to enforce its own order when the other party has not paid support, followed the parenting schedule, or done what the judgment required.

Find out where you stand — what state are you in?

DocDraft provides document preparation, not legal advice.

Introduction

A motion for contempt asks the family court that issued a support, custody, parenting time, or divorce order to enforce it against a party who has not complied. In civil contempt the goal is to get the order followed, not to punish. You must show that a clear court order existed, that the other party knew about it, and that they did not comply. The other party can then explain, and in support cases the court looks closely at whether they had the ability to pay and whether the failure was willful. The judge decides whether contempt is proven and what happens next; nothing is automatic. Jail is a last resort meant to secure compliance, and a person held in civil contempt must be given a way out, called a purge condition, such as paying a set amount. Most courts require the motion to be personally served and set for a hearing, and many states publish official forms or require a specific order to show cause that controls over any general template. Use the draft below to organize the order, each violation with its dates and amounts, and the relief you are requesting, then check your court's own forms and rules before filing. Attorney review is available if you want a lawyer to look over your motion.

Key Things to Know

1
The procedure and its name vary. Some courts use a motion for contempt, others a motion for enforcement, an order to show cause, or a rule to show cause, and many states publish an official form. If your court has one, the court's form controls and this draft is a working outline for the facts you will put on it.
2
You carry the burden of proof. Be ready to show a clear and specific court order, that the other party knew about it, and exactly how they failed to comply. Bring a certified or file-stamped copy of the order, a payment history from the clerk or the support agency, and your own dated records of missed exchanges or unperformed terms.
3
Ability to pay and willfulness matter. The other party can defend by showing they could not comply, for example because of job loss or illness, or that the failure was not willful. A court generally cannot jail someone for civil contempt without finding they are able to meet the purge condition. Honest records on both sides help the judge decide.
4
The court decides, and nothing is automatic. Even with clear proof the judge may find contempt, deny it, or order a remedy such as a payment plan, a money judgment for arrears, make-up parenting time, or an award of fees where the law allows it. Jail is a coercive last resort, and the person must be able to end it by complying with a purge condition.
5
Service and a hearing are usually required. Because contempt can lead to fines or jail, most courts require personal service of the motion and notice of the hearing date on the other party, often a set number of days before the hearing. File a proof of service and attend the hearing with your evidence.
6
Do not withhold support or parenting time in retaliation. Support and parenting time are separate obligations. Stopping payments because visits were denied, or refusing visits because support was not paid, is not allowed and may itself be contempt. Keep following the order while you ask the court to enforce it.
7
A different route may be faster. For unpaid child support, the state or county support enforcement agency can use income withholding, license suspension, and tax refund intercepts, often at little or no cost. If circumstances have changed and the order no longer fits, a request to modify support or the parenting plan is a separate filing, and if you have safety concerns, a protective order is the right process.

Contempt procedure and official forms by state

What the filing is called and whether your state publishes an official form. Service, notice and hearing rules differ too: open your state's page before you file.

State	Procedure	Official statewide form
Alabama	Contempt Petition	C-16
Alaska	Motion for Order to Show Cause	None statewide
Arizona	Petition for Enforcement with a contempt request	DREVS11f (parenting time), DRESE11f (support)
Arkansas	Motion for Contempt	None statewide
California	Order to Show Cause and Affidavit for Contempt	FL-410, FL-411, FL-412
Colorado	Motion and Affidavit for Citation for Contempt of Court	JDF 1816
Connecticut	Motion for Contempt/Contempt Citation	JD-FM-173
Delaware	Petition for Rule to Show Cause	See the state page
Florida	Motion for Civil Contempt/Enforcement	12.960, 12.961
Georgia	See the state page	See the state page
Hawaii	Contempt requested within a post-decree relief motion	See the state page
Idaho	Motion and Affidavit for Contempt	None statewide
Illinois	Petition for Rule to Show Cause	None statewide
Indiana	Verified Petition for Rule to Show Cause	CCA-DC-0518-1030, CCA-DC-0518-1031
Iowa	Application for Order to Show Cause	None statewide
Kansas	Motion for an Order to Appear and Show Cause	None statewide
Kentucky	Motion for Contempt	See the state page
Louisiana	Rule for Contempt	None statewide
Maine	Motion for Contempt, Rule 66	FM-068, FM-002, CR-CV-FM-PC-200, CV-037, FM-137, CR-CV-FM-255, FM-052
Maryland	Petition for Contempt	CC-DR-112, CC-DR-002
Massachusetts	Complaint for Contempt	CJD 103
Michigan	Motion and Order to Show Cause	MC 230, FOC 2, FOC 19
Minnesota	Motion for Contempt of Court	DIV1401, DIV1402, DIV1403, DIV1404, DIV1405
Mississippi	Petition for Citation of Contempt	None statewide
Missouri	Motion for Contempt	None statewide
Montana	Petition for Contempt	See the state page
Nebraska	Affidavit and Application for Order to Show Cause	DC 6:5.20 series and related forms
Nevada	Motion to Enforce and/or for Order to Show Cause	See the state page
New Hampshire	Motion for Contempt	NHJB-2838-Se, NHJB-2199-F, NHJB-2815-DPe, NHJB-2077-F, NHJB-3258-F
New Jersey	See the state page	CN 10483 (notice of motion packet)
New Mexico	See the state page	4A-209
New York	Violation petition (Family Court Act 454 for support)	Form 4-12 (support), General Form 8a
North Carolina	Civil contempt proceeding initiated by Motion	AOC-CV-601, AOC-CV-602, AOC-CV-603, AOC-CV-110
North Dakota	Motion for an Order to Show Cause	None statewide
Ohio	Motion for Contempt	Uniform Domestic Relations Forms 24 and 25
Oklahoma	Application for Contempt Citation	None statewide
Oregon	Motion for Order to Show Cause Re: Contempt	See the state page
Pennsylvania	Petition for Civil Contempt	Custody Forms 6 and 7
Rhode Island	Motion for Contempt	None statewide
South Carolina	Rule to Show Cause	SCCA 415, SCCA 434
South Dakota	Order to Show Cause	UJS-356, UJS-357, UJS-358, UJS-353, UJS-232
Tennessee	Petition for Civil Contempt	None statewide
Texas	Motion for Enforcement	See the state page
Utah	Motion to Enforce Order and for Sanctions	1150FAJ / 1150.8FA and related forms
Vermont	Motion for Contempt	400-00902
Virginia	Motion/Petition for Rule to Show Cause	DC-635, DC-360, DC-631
District of Columbia	Motion for Contempt	See the state page
Washington	Motion for Contempt Hearing	FL All Family 165, FL All Family 166
West Virginia	Petition for Contempt	SCA-FC-251 (Petition for Contempt), SCA-FC-250 (Contempt Petition Instructions)
Wisconsin	Motion for Remedial Sanction for Contempt of Court	FA-4172VA, FA-4172VB, FA-4176V, FA-609, FA-611
Wyoming	Motion and Affidavit for Order to Show Cause	OSC 01, OSC 02, OSC 03, OSC 04, OSC 05, OSC 06

Key Decisions

The Order That Was Violated

The Violations

What You Are Asking For

Motion for Contempt Requirements

Identify the Order and Its Date
Identify the court order being violated by its title, the court that entered it, the case number and the date it was entered, and attach a copy if your court requires it.
List Each Violation With Dates and Amounts
List each violation separately with its date, and for money owed, each missed or partial payment and the total arrearage.
Show the Other Party Knew of the Order
State facts showing the other party knew about the order, such as being present when it was made, being served with it, or signing the agreement the court adopted.
Use Your State's Official Form Where One Exists
Many states publish official or mandatory contempt forms. Where one exists, the court's form controls and should be used.
Serve the Other Party Personally Unless Your Rules Allow Otherwise
Contempt can carry serious sanctions, so courts commonly require personal service of the motion and notice of the hearing. Follow your state's service rules and file proof of service.
Expect a Hearing and Bring Your Records
A contempt motion is decided at a hearing, not on paper alone. Bring payment records, messages and a calendar of missed parenting time.
Prepare for an Inability-to-Pay or Willfulness Defense
The court generally will not hold someone in contempt who genuinely could not comply. Be ready to show the other party had the ability to comply and did not.
Do Not Withhold Support or Parenting Time in Response
Never stop paying support because parenting time was denied, or deny parenting time because support was not paid. Doing so can itself violate the order.
Consider Your State's Support Enforcement Agency
For unpaid child support, your state's child support enforcement agency can use wage withholding and other tools that may be faster than contempt.

Customize your Motion for Contempt Template with DocDraft

MOTION FOR CONTEMPT

IN THE [NAME OF COURT] [COUNTY OR DISTRICT]

[MOVANT FULL NAME], Movant,

v. Case No. [CASE NUMBER]

[RESPONDENT FULL NAME], Respondent.

MOTION FOR CIVIL CONTEMPT AND ENFORCEMENT OF COURT ORDER

Movant, [MOVANT FULL NAME], asks the Court to find Respondent, [RESPONDENT FULL NAME], in civil contempt for failing to comply with this Court's order, and states:

THE ORDER. On [DATE OF ORDER], this Court entered a [TITLE OF ORDER, FOR EXAMPLE JUDGMENT OF DISSOLUTION, CHILD SUPPORT ORDER, OR PARENTING PLAN] in this case. A copy of the order is attached as Exhibit A. The order remains in effect and has not been modified or stayed.
THE TERMS VIOLATED. The order requires Respondent to [QUOTE OR DESCRIBE EACH TERM, FOR EXAMPLE PAY CHILD SUPPORT OF $[AMOUNT] PER [PERIOD] DUE ON THE [DAY] OF EACH MONTH, OR DELIVER THE CHILD FOR PARENTING TIME EVERY [SCHEDULE]].
KNOWLEDGE OF THE ORDER. Respondent knew of the order because [RESPONDENT WAS PRESENT WHEN IT WAS ENTERED, SIGNED IT, OR WAS SERVED WITH IT ON [DATE]].
THE VIOLATIONS. Respondent failed to comply with the order as follows:

Violation 1: On [DATE], Respondent [DESCRIBE THE FAILURE, FOR EXAMPLE PAID NOTHING OF THE $[AMOUNT] DUE, OR DID NOT DELIVER THE CHILD AT THE EXCHANGE]. Violation 2: On [DATE], Respondent [DESCRIBE THE FAILURE AND ANY AMOUNT]. Violation 3: On [DATE], Respondent [DESCRIBE THE FAILURE AND ANY AMOUNT].

As of [DATE], the total unpaid amount under the order is $[TOTAL ARREARS], as shown in the payment record attached as Exhibit B.

ABILITY TO COMPLY. On information and belief, Respondent had the ability to comply with the order during this period because [FACTS SHOWING ABILITY, FOR EXAMPLE EMPLOYMENT AT [EMPLOYER], INCOME, OR ASSETS], and the failure to comply was willful.
MOVANT'S COMPLIANCE. Movant has continued to follow the order and has not withheld support or parenting time.

RELIEF REQUESTED

Movant asks the Court to:

a. Order Respondent to appear and show cause why Respondent should not be held in civil contempt; b. Find Respondent in civil contempt of the order entered on [DATE OF ORDER]; c. Enter a judgment for unpaid amounts of $[TOTAL ARREARS], plus any interest allowed by law; d. Set a purge condition that Respondent may meet to end any sanction, such as payment of $[PURGE AMOUNT] by [DATE] or compliance with the parenting schedule; e. [IF APPLICABLE: Award make-up parenting time of [DESCRIBE TIME]]; f. [IF APPLICABLE: Award Movant reasonable attorney fees and costs of $[AMOUNT] as allowed by law]; and g. Grant any other relief the Court finds just.

VERIFICATION

I, [MOVANT FULL NAME], declare under penalty of perjury that I am the Movant in this case, that I have read this motion, and that the facts stated in it are true and correct to the best of my knowledge.

Date: [DATE]

[MOVANT FULL NAME] [MAILING ADDRESS] [PHONE NUMBER] [EMAIL ADDRESS]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a copy of this motion, its exhibits, and the notice of hearing set for [HEARING DATE] at [TIME] were personally served on [RESPONDENT FULL NAME] at [SERVICE ADDRESS] by [NAME OF SERVER], [SHERIFF, PROCESS SERVER, OR ADULT NOT A PARTY TO THIS CASE].

[SIGNATURE OF PERSON COMPLETING SERVICE] [PRINTED NAME]

Find out where you stand — what state are you in?

Introduction

Key Things to Know

Contempt procedure and official forms by state

Key Decisions

The Order That Was Violated

The Violations

What You Are Asking For

Motion for Contempt Requirements

Identify the Order and Its Date

List Each Violation With Dates and Amounts

Show the Other Party Knew of the Order

Use Your State's Official Form Where One Exists

Serve the Other Party Personally Unless Your Rules Allow Otherwise

Expect a Hearing and Bring Your Records

Prepare for an Inability-to-Pay or Willfulness Defense

Do Not Withhold Support or Parenting Time in Response

Consider Your State's Support Enforcement Agency

Customize your Motion for Contempt Template with DocDraft

Frequently Asked Questions