What is a motion for contempt called in Alaska?

Alaska calls it a Motion for Order to Show Cause, filed under Alaska Rule of Civil Procedure 90(b) in the same Superior Court case as the underlying divorce, custody, or support order, since Alaska has no separate family court.

How much notice does the other parent get before an Alaska contempt hearing?

Alaska Rule of Civil Procedure 90(b) does not set a minimum number of days of notice; the court sets a hearing at whatever time it considers reasonable. The Motion and Affidavit to Enforce Order that starts the process instead carries its own response window under Civil Rule 6, generally 13 days if mailed or 10 days if hand delivered, emailed, or served through TrueFiling, but that window governs the enforcement motion, not the show-cause hearing date.

Can an Alaska court skip the hearing and just have someone arrested?

Yes, that is a real possibility under Alaska's rule. Civil Rule 90(b) gives the court two options on an ex parte motion supported by affidavits: order the other parent to appear and show cause at a time the court sets, or issue a bench warrant for that parent's arrest instead of setting a hearing.

Can I raise inability to pay as a defense to an Alaska contempt motion?

Neither Alaska's contempt statutes nor Civil Rule 90 spell out a formal ability-to-pay defense or who would carry that burden. Civil Rule 90(f) requires the court to investigate the charge by examining the parties and any witnesses before deciding guilt or innocence, so bring any evidence about your circumstances to that hearing; attorney review can help you assess this question.

Isn't it okay to withhold child support in Alaska because parenting time was denied?

No. Withholding court-ordered child support because the other parent denied parenting time, or withholding parenting time because support is unpaid, is not a lawful response and can itself become grounds for a contempt finding. File a motion instead.

Is there another way to enforce an Alaska child support or visitation order besides a contempt motion?

Yes. Alaska Child Support Services is the state child support enforcement agency, and Alaska law requires a court or agency support order to contain an income withholding order. Separately, a person denied court-ordered visitation can sue the custodian directly under AS 25.20.140 for $200 in liquidated damages for each willful, unexcused denial, plus attorney fees to whichever side wins that lawsuit, without having to prove contempt.

Alaska Motion for Contempt

Q: Is there an official Alaska contempt form?

No. Alaska has no dedicated, mandatory contempt form. Filers use the Motion and Affidavit to Enforce Order (DR-975) to lay out the violation, then the generic Motion and Response Forms packet (SHC-PAC6) for the show-cause request, plus a Notice of Motion (CIV-650) if the other party has not appeared or more than a year has passed since judgment.

Q: Can an Alaska parent be jailed for contempt of a support or custody order?

Jail is never the filer's choice and is never automatic; the court decides after investigating the charge under Civil Rule 90(f). If the violation is a failure to perform an act still in the other parent's power to perform, the court can imprison the other parent only until that act is performed, a coercive purge condition rather than a fixed punishment, and Alaska rule sets no cap on how long that coercive imprisonment can last.

Q: Can a driver's license be suspended for child support contempt in Alaska?

Yes. For contempt related to failure to pay child support, an Alaska court may suspend the other parent's driver's, occupational, or recreational hunting or fishing license for up to 6 months on a preponderance-of-evidence finding, in addition to other contempt remedies.

Alaska has no dedicated contempt form, and Civil Rule 90(b) lets a judge skip the hearing entirely and issue a bench warrant instead.

Find out where you stand in Alaska

What court order is not being followed?

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Introduction

In Alaska, enforcing a divorce, custody, or support order runs through a Motion for Order to Show Cause under Alaska Rule of Civil Procedure 90(b), filed in the same Superior Court case, since Alaska has no separate family court. Alaska has no dedicated, mandatory contempt form. Courts route filers first through the Motion and Affidavit to Enforce Order, form DR-975, to lay out the violation, and then to the generic Motion and Response Forms packet, SHC-PAC6, for the show-cause request itself; if the other party has not yet appeared in the case or more than a year has passed since judgment, a Notice of Motion, form CIV-650, is also required. Rule 90(b) requires an ex parte motion supported by affidavits, and rather than guaranteeing a hearing, it gives the court two options: order the other parent to appear and show cause at a time the court sets, or issue a bench warrant for that parent's arrest instead. No rule or statute sets a minimum number of days of notice before a show-cause hearing; the court sets whatever it considers a reasonable time. The Motion and Affidavit to Enforce Order that starts the process instead follows ordinary Civil Rule 6 motion practice, where the other party generally gets 13 days to respond if the motion was mailed, or 10 days if it was hand delivered, emailed, or served through TrueFiling; that response window governs the enforcement motion, not the separate show-cause hearing date. If the court finds contempt, a civil contempt carries damages, a civil penalty of $5,000 or less for each violation, and other orders the court finds appropriate, and if the violation is a failure to perform an act that is still in the other parent's power to perform, the court can imprison the other parent only until that act is performed, a coercive purge condition rather than a fixed punishment; Alaska rule does not cap how long that coercive imprisonment can last. Jail is never the filer's choice and is never automatic. Civil Rule 90(f) requires the court to investigate by examining the parties and any witnesses before deciding guilt or innocence, and neither Rule 90 nor the contempt statutes spell out a standard of proof or an ability-to-pay defense. For contempt tied to failure to pay child support, Alaska adds a distinctive remedy: the court may suspend the other parent's driver's, occupational, or recreational hunting or fishing license for up to 6 months on a preponderance-of-evidence finding. Do not withhold child support because the other parent denied parenting time, and do not withhold parenting time because support is unpaid; either one can itself become grounds for contempt. This motion does not modify the underlying support or custody order; use DocDraft's child support modification and parenting plan pages for that, and if there is domestic violence or a safety risk, use DocDraft's getting a restraining order guide instead of this motion. Alaska Child Support Services is the state's child support enforcement agency, Alaska law requires support orders to contain an income withholding order, and a person denied court-ordered visitation has a separate option outside contempt: a direct lawsuit against the custodian under AS 25.20.140 for $200 in liquidated damages for each willful, unexcused denial, plus attorney fees to whichever side wins that lawsuit. Attorney review is available before you file.

Key Things to Know

1
Alaska calls this a Motion for Order to Show Cause under Civil Rule 90(b). There is no dedicated contempt form; filers use the Motion and Affidavit to Enforce Order (DR-975) to lay out the violation, then the generic Motion and Response Forms packet (SHC-PAC6) for the show-cause request, plus a Notice of Motion (CIV-650) if the other party has not appeared or more than a year has passed since judgment.
2
No rule or statute sets a minimum number of days of notice before a show-cause hearing; Rule 90(b) leaves the timing to the court's discretion, and the court may skip a hearing altogether and issue a bench warrant for the other parent's arrest instead.
3
The underlying enforcement motion follows ordinary Civil Rule 6 practice: the other party generally gets 13 days to respond if it was mailed, or 10 days if hand delivered, emailed, or served through TrueFiling. That window applies to the enforcement motion, not the separate show-cause hearing date.
4
A civil contempt finding carries damages, a civil penalty of $5,000 or less for each violation, and other orders the court finds appropriate. If the violation is a failure to perform an act still in the other parent's power to perform, the court can imprison the other parent only until that act is performed, a coercive purge condition, and Alaska rule sets no cap on how long that can last.
5
Neither Civil Rule 90 nor Alaska's contempt statutes spell out a standard of proof or a formal ability-to-pay defense. Civil Rule 90(f) requires the court to investigate the charge by examining the parties and any witnesses before deciding guilt or innocence.
6
Do not withhold child support because the other parent denied parenting time, and do not withhold parenting time because support is unpaid; either one can itself become grounds for a contempt finding.
7
For a child-support-related contempt, the court may also suspend the other parent's driver's, occupational, or recreational hunting or fishing license for up to 6 months. Alaska Child Support Services is the state's support enforcement agency, support orders must contain an income withholding order, and a person denied visitation has a separate option outside contempt: a direct lawsuit under AS 25.20.140 for $200 per willful, unexcused denial plus attorney fees to the winning side.

Key decisions before you file

Before you file a Motion for Contempt in Alaska, a few decisions shape the document: which option to choose and what each one means. The Motion for Contempt guide walks through them.

Open the Motion for Contempt guide

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CASE NO. [CASE NUMBER]

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA [JUDICIAL DISTRICT] JUDICIAL DISTRICT AT [LOCATION]

[PETITIONER NAME], Movant, and [RESPONDENT NAME], Respondent.

MOTION AND AFFIDAVIT FOR ORDER TO SHOW CAUSE

COMES NOW [MOVANT NAME], and moves this Court under Alaska Rule of Civil Procedure 90(b) for an order directing [RESPONDENT NAME] to appear and show cause why [RESPONDENT NAME] should not be held in contempt of this Court's order, and states under oath as follows.

ORDER VIOLATED

On [DATE OF ORDER], this Court entered [NAME OF ORDER, SUCH AS DECREE OF DIVORCE OR CUSTODY ORDER] in this case, which required [RESPONDENT NAME] to [DESCRIPTION OF THE PROVISION VIOLATED, SUCH AS PAY CHILD SUPPORT OF A STATED MONTHLY AMOUNT OR ALLOW VISITATION ON STATED DATES].

VIOLATIONS

[RESPONDENT NAME] has not complied with that order. Specifically: a. [DATE OF VIOLATION]: [DESCRIPTION OF THE FAILURE TO COMPLY, INCLUDING ANY AMOUNT DUE AND AMOUNT PAID, OR THE VISITATION DATE AND TIME DENIED]; b. [DATE OF VIOLATION]: [DESCRIPTION OF THE FAILURE TO COMPLY]; c. [ADDITIONAL VIOLATION DATES AND AMOUNTS].

As of [DATE OF THIS MOTION], the total amount owed under the order is [DOLLAR AMOUNT], after credit for [AMOUNT PAID TO DATE].

EFFORTS TO OBTAIN COMPLIANCE

Movant has attempted to resolve this without court involvement as follows: [DESCRIPTION OF EFFORTS TO GET RESPONDENT TO COMPLY, INCLUDING DATES].

RESPONDENT'S RESPONSE

In response, [RESPONDENT NAME] [DESCRIPTION OF WHAT RESPONDENT SAID OR DID, OR A STATEMENT THAT RESPONDENT DID NOT RESPOND].

KNOWLEDGE AND ABILITY TO COMPLY

[RESPONDENT NAME] had knowledge of the Court's order and, on information and belief, had the ability to comply with it.

RELIEF REQUESTED

Movant asks the Court to: a. Issue an order directing [RESPONDENT NAME] to appear at a time the Court sets and show cause why [RESPONDENT NAME] should not be held in contempt of the order described above; b. Find [RESPONDENT NAME] in contempt for the violations described above; c. Order [RESPONDENT NAME] to pay the amount owed under the order, as stated above; d. Order [RESPONDENT NAME] to perform the omitted act, if it is still in [RESPONDENT NAME]'s power to perform; e. Order a sum sufficient to indemnify Movant and to cover the costs and disbursements of this motion, under AS 09.50.040; f. Grant any other relief the Court finds appropriate.

Movant does not ask the Court to change the amount of support or the custody or visitation schedule in this motion.

AFFIDAVIT

I, [MOVANT NAME], being first duly sworn, state under penalty of perjury under the laws of the State of Alaska that I have read this Motion for Order to Show Cause, that I have personal knowledge of the facts stated in it except where stated on information and belief, and that those facts are true and correct.

DATED at [CITY], Alaska, this [DAY] day of [MONTH, YEAR].

[SIGNATURE] [MOVANT NAME] [ADDRESS] [CITY, ALASKA ZIP] [PHONE] [EMAIL]

SUBSCRIBED AND SWORN TO before me on [DATE] at [CITY], Alaska.

[SIGNATURE OF NOTARY PUBLIC OR COURT CLERK] Notary Public in and for the State of Alaska, or Clerk of Court My commission expires: [DATE]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a copy of this Motion and Affidavit for Order to Show Cause was served on [RESPONDENT NAME] by [METHOD OF SERVICE ORDERED BY THE COURT], together with notice of the hearing date the Court sets, or, if the Court instead issues a bench warrant under Rule 90(b), as the Court's order directs.

[SIGNATURE] [NAME]

Alaska Requirements for Motion for Contempt

Motion for Order to Show Cause Under Civil Rule 90(b)
Family contempt is heard in the Superior Court, in the same case as the underlying order, since Alaska has no separate family court. Civil Rule 90(b) requires an ex parte motion supported by affidavits, after which the court either sets a show-cause hearing at a reasonable time or issues a bench warrant for the other party's arrest.
No Dedicated Contempt Form
Alaska has no mandatory statewide contempt form. Filers use the Motion and Affidavit to Enforce Order (DR-975) to lay out the violation, the generic Motion and Response Forms packet (SHC-PAC6) for the show-cause request, and a Notice of Motion (CIV-650) if the other party has not appeared or more than a year has passed since judgment.
No Fixed Notice Period for the Show-Cause Hearing
Civil Rule 90(b) leaves the show-cause hearing date to the court's discretion, using only the phrase 'some reasonable time'; no statute or rule sets a minimum number of days of notice, and the court may issue a bench warrant instead of setting a hearing at all.
Civil Penalty Capped at $5,000 Per Violation
A person who commits civil contempt is subject to damages, a civil penalty of $5,000 or less for each violation, and other orders the court finds appropriate (AS 09.50.020(a)).
Coercive Imprisonment Until Compliance, No Duration Cap
When the contempt is an omission or refusal to perform an act still within the party's power to perform, that party may be imprisoned until the act is performed, a coercive purge condition rather than a fixed sentence, and Alaska rule sets no cap on how long that imprisonment can last (AS 09.50.050).
License Suspension for Child-Support Contempt
For contempt related to failure to pay child support, the court may suspend the contemnor's driver's, occupational, or recreational hunting or fishing license for up to 6 months, on a preponderance-of-evidence finding without a jury (AS 09.50.020(b)-(c)).
Court Investigates Before Finding Guilt
Once the accused party is before the court, Civil Rule 90(f) requires the court to investigate the charge by examining the party and any witnesses before determining guilt or innocence of the contempt charged. No rule or statute states the standard of proof.
Separate Visitation Damages Lawsuit Available
Outside of contempt, a person denied court-ordered visitation may sue the custodian directly under AS 25.20.140 for $200 in liquidated damages for each willful, unexcused denial of visitation, with a mandatory attorney fee award to the prevailing party.
Identify the Order, Violations, and Relief Requested
No statute or rule lists required contents beyond a proper showing supported by affidavits under Rule 90(b). The Motion and Affidavit to Enforce Order (DR-975) asks for the order violated, the filer's efforts to obtain compliance, the other party's response, and the relief requested; this template tracks those items.

Find out where you stand in Alaska

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Alaska Requirements for Motion for Contempt

Motion for Order to Show Cause Under Civil Rule 90(b)

No Dedicated Contempt Form

No Fixed Notice Period for the Show-Cause Hearing

Civil Penalty Capped at $5,000 Per Violation

Coercive Imprisonment Until Compliance, No Duration Cap

License Suspension for Child-Support Contempt

Court Investigates Before Finding Guilt

Separate Visitation Damages Lawsuit Available

Identify the Order, Violations, and Relief Requested

Frequently Asked Questions