What is a motion for contempt called in Arizona?

Arizona does not use the term motion for contempt as its main filing. Instead you file a Petition for Enforcement under Ariz. R. Fam. Law P. 91.2 for support or Rule 91.5 for parenting time, asking the court to find the other parent in civil contempt; a stand alone contempt request can also be brought as a motion under Rule 92. There is no single statewide mandatory form, so check your county Superior Court's self-service center.

Does Arizona require personal service for a contempt petition?

For support enforcement, yes: the petition and Order to Appear must be personally served by the sheriff, a licensed process server, or a person the court specially appoints, unless the other parent signs a notarized or clerk-witnessed Acceptance of Service. For parenting time enforcement, Arizona also allows service by return-receipt mail or a commercial delivery service that captures the other parent's signature.

How much notice does an Arizona contempt hearing require?

Arizona's rule sets a service deadline rather than a stated notice period: service of the petition and Order to Appear must be completed no later than 20 days before the hearing.

Who has to prove willfulness in an Arizona contempt case?

Since Arizona's 2019 restyle of Rule 92, the filer no longer has to prove the other parent's violation was willful. Instead, the other parent must raise the absence of willfulness, or a present inability to comply, as a defense at the hearing.

Can the other parent go to jail for contempt in Arizona?

It is not something the filer can simply request and receive. The support petition can ask for civil contempt sanctions including incarceration and the posting of a surety bond, but the court decides whether contempt occurred and what sanction, if any, follows, and the absence of willfulness is a defense the other parent can raise.

What if I could not afford to pay child support in Arizona?

If you are the parent accused of contempt, the filer does not have to prove your violation was willful, but you can raise the absence of willfulness, including a present inability to comply, as a defense at the hearing. Bring records of your income and expenses to the hearing.

Can Arizona help me collect child support without filing for contempt?

Some tools do not depend on a contempt finding. Income withholding is mandatory in Arizona support orders and is capped at half of the obligor's disposable earnings per pay period. Separately, a court that finds at an enforcement hearing that an obligor at least six months behind willfully failed to pay sends a certificate of noncompliance ordering license suspension.

Will an Arizona court make the other parent pay my fees for a contempt petition?

Attorneys' fees, costs, and compensatory or coercive fines are among the sanctions a court can order after a civil contempt finding, but ordering them is left to the court's discretion, not required.

Arizona Motion for Contempt

Arizona flipped the usual rule in 2019, so the accused parent, not the filer, now has to raise a lack of willfulness as a defense at the hearing.

Find out where you stand in Arizona

What court order is not being followed?

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Introduction

Arizona enforces a family court order through a Petition for Enforcement, filed under Ariz. R. Fam. Law P. 91.2 for support or Rule 91.5 for parenting time and legal decision-making, which asks the Superior Court to find the other parent in civil contempt and order sanctions; a contempt request can also be brought on its own as a motion under Rule 92. Arizona has no single statewide mandatory contempt form. County Superior Courts publish their own petition packets instead, such as Maricopa County's DRESE1 packet for support enforcement and DREVS1 packet for parenting time enforcement; check your county's self-service center for its version before you file. Where your county publishes a petition form, such as Maricopa's DRESE11f for support or DREVS11f for parenting time, the county's form controls, and the document on this page is a working draft. After filing, the assigned judicial officer issues an Order to Appear directing the other parent to come to a hearing. For support enforcement, the petition and Order to Appear must be personally served by the sheriff, a licensed process server, or a person the court specially appoints, or the other parent can sign a notarized or clerk-witnessed Acceptance of Service; if a Division of Child Support Services case already exists for the same children, the Attorney General's Child Support Services Section must also be served. For parenting time enforcement, service may instead go out by return-receipt mail or a commercial delivery service that captures the other parent's signature, or by a signed Acceptance of Service. Service must be completed no later than 20 days before the hearing. Arizona's 2019 restyle of Rule 92 changed who carries the willfulness burden: the filer no longer has to prove the violation was willful, and the other parent instead must raise the absence of willfulness, or a present inability to comply, as a defense. Sanctions a court can order after a contempt finding include attorneys' fees, costs, compensatory or coercive fines, and for parenting time violations, make-up parenting time; the petition can separately ask for an income withholding order and payment through the Support Payment Clearinghouse. Income withholding is mandatory in Arizona support orders, and a court that finds at an enforcement hearing that a parent at least six months behind willfully failed to pay can send a certificate of noncompliance ordering license suspension. Filing this petition does not mean the other parent will be jailed; the court decides whether contempt occurred and what sanction, if any, follows. Do not withhold child support because parenting time was denied, and do not deny parenting time because support is unpaid; either one can itself be contempt. This page does not cover modifying support or parenting time; use DocDraft's child support modification and parenting plan pages for that. If there is domestic violence or a safety risk, use DocDraft's getting a restraining order guide instead of this motion. Attorney review is available before you file.

Key Things to Know

1
Arizona enforces a family order through a Petition for Enforcement (support: Rule 91.2; parenting time or legal decision-making: Rule 91.5, Ariz. R. Fam. Law P.), which asks the court to find the other parent in civil contempt; a contempt request can also be filed on its own as a motion under Rule 92. There is no statewide mandatory form; Maricopa County's DRESE1 (support) and DREVS1 (parenting time) packets are examples, and other counties publish their own, so check your county's self-service center. Where your county has its own form, such as Maricopa's DRESE11f or DREVS11f, that form controls.
2
Service splits by track. Support enforcement papers must be personally served by the sheriff, a licensed process server, or a court-appointed person, or the other parent can sign a notarized or clerk-witnessed Acceptance of Service; if a Division of Child Support Services case exists, the Attorney General's Child Support Services Section must also be served. Parenting time enforcement papers may instead go out by return-receipt mail or commercial delivery capturing a signature, or a signed Acceptance of Service. Either way, service must be completed no later than 20 days before the hearing.
3
Arizona's 2019 restyle of Rule 92 removed willfulness as something the filer must prove. Instead, the other parent must raise the absence of willfulness, or a present inability to comply, as a defense. The court decides whether contempt occurred and what sanction, if any, follows.
4
The support petition can ask the court to find the other parent in civil contempt and order sanctions, including incarceration and the posting of a surety bond, and to issue a civil or child support arrest warrant if the other parent fails to appear at the hearing. None of these is ordered just because you ask; the court decides whether contempt occurred and which sanction, if any, fits.
5
A court finding contempt can order attorneys' fees, costs, and compensatory or coercive fines, and for a parenting time violation, make-up parenting time. Whether to order these sanctions, and how much, is left to the court's discretion.
6
Income withholding is mandatory in Arizona support orders and capped at half of the obligor's disposable earnings per pay period. For a persistent arrears problem, a court that finds at an enforcement hearing that an obligor at least six months behind willfully failed to pay sends a certificate of noncompliance to the licensing agency, which must suspend the license. The Arizona Division of Child Support Services (DCSS), part of the Department of Economic Security, is the state's child support agency; if a DCSS case exists, the Attorney General's Child Support Services Section must also be served with your petition.
7
Do not withhold child support because parenting time was denied, and do not deny parenting time because support is unpaid; either one can itself be treated as contempt. This page does not cover modifying support or parenting time, and if there is domestic violence or a safety risk, use DocDraft's getting a restraining order guide instead.

Key decisions before you file

Before you file a Motion for Contempt in Arizona, 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 OF ARIZONA IN [COUNTY] COUNTY

IN RE THE MARRIAGE OF (OR PARENTAGE OF) [PETITIONER NAME], Petitioner, and [RESPONDENT NAME], Respondent.

PETITION FOR ENFORCEMENT AND REQUEST FOR ORDER FINDING CIVIL CONTEMPT (Ariz. R. Fam. Law P. 91.2, 91.5, 92)

Petitioner [PETITIONER NAME] petitions this Court to enforce its prior order and states:

On [DATE OF ORDER], this Court, the Honorable [JUDICIAL OFFICER NAME], entered an order requiring Respondent to [EXACT WORDING OF THE ORDER PROVISION VIOLATED].
Respondent had notice of this order.
Respondent has failed to comply with the order as follows: a. [DATE OF VIOLATION]: [DESCRIPTION OF THE SPECIFIC FAILURE TO COMPLY, INCLUDING THE AMOUNT OF ANY UNPAID SUPPORT] b. [DATE OF VIOLATION]: [DESCRIPTION OF THE SPECIFIC FAILURE TO COMPLY] c. [LIST OF ANY ADDITIONAL VIOLATION DATES AND AMOUNTS]
As of the date of this petition, Respondent owes unpaid support, unreimbursed medical or dental expenses, or other amounts totaling [DOLLAR AMOUNT] for the period from [START DATE] through [END DATE]. Any unreimbursed medical, dental, or vision expenses are itemized on the attached Unreimbursed Medical Expense Worksheet: [LIST OF ATTACHMENTS].
Petitioner asks the Court to: a. Issue an Order to Appear directing Respondent to appear and show cause why Respondent should not be held in civil contempt of court; b. Find Respondent in civil contempt of court and order sanctions, including but not limited to incarceration and the posting of a surety bond; c. Enter judgment for the unpaid amount stated above, plus clerk's fees, service costs, and other court costs; d. Enter or modify an income withholding order and direct payment through the Support Payment Clearinghouse; e. Order mediation or counseling under A.R.S. section 25-410 regarding parenting time; f. Issue a civil or child support arrest warrant if Respondent fails to appear; g. Order any make-up parenting time missed because of Respondent's noncompliance; h. Grant any other relief the Court deems just.

OATH

I state to the Court under penalty of perjury that the contents of this document are true and correct to the best of my knowledge and belief.

[SIGNATURE] [PETITIONER NAME] [ADDRESS] [CITY, ARIZONA ZIP] [PHONE] [EMAIL]

Sworn to (or affirmed) before me this [DATE] by [PETITIONER NAME].

[SIGNATURE OF NOTARY OR DEPUTY CLERK]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a copy of this Petition and the Order to Appear were served on Respondent by [METHOD OF SERVICE], completed no later than 20 days before the hearing date. Copies were also served on: [OTHER PERSONS OR AGENCIES SERVED].

[SIGNATURE] [NAME]

Arizona Requirements for Motion for Contempt

Petition for Enforcement, No Statewide Mandatory Form
Arizona enforces family orders through a Petition for Enforcement under Ariz. R. Fam. Law P. 91.2 for support or Rule 91.5 for parenting time, asking the court to find the other parent in civil contempt; a stand alone request can also be brought as a motion under Rule 92. No statewide mandatory contempt form exists; county Superior Courts, such as Maricopa County with its DRESE1 and DREVS1 packets, publish their own, and a county's own form controls.
Two-Track Service Requirement
Support enforcement papers must be personally served by the sheriff, a licensed process server, or a court-appointed person, or by a notarized or clerk-witnessed Acceptance of Service, and the Attorney General's Child Support Services Section must also be served if a Division of Child Support Services case exists. Parenting time enforcement papers may instead be served by return-receipt mail or commercial delivery capturing a signature, or a signed Acceptance of Service.
20-Day Service Deadline Before Hearing
Service of the petition and Order to Appear must be completed no later than 20 days before the hearing (Ariz. R. Fam. Law P. 91(j)-(l)).
Willfulness Shifted to a Defense
Arizona's 2019 restyle of Rule 92 eliminated willfulness as an element the filer must prove; instead, the absence of willfulness is a defense the other parent must raise (Rule 92(d)-(e)).
Contempt Sanctions and Arrest Warrant Requests
The support petition can ask the court to find the other parent in civil contempt and order sanctions, including incarceration and the posting of a surety bond, and to issue a civil or child support arrest warrant if the other parent fails to appear; the court decides whether contempt occurred and which sanction, if any, follows.
Discretionary Fees, Fines, and Make-Up Parenting Time
Sanctions the court may order after a contempt finding include attorneys' fees, costs, compensatory or coercive fines, and, for a parenting time violation, make-up parenting time; ordering any of these is discretionary.
Income Withholding and License Suspension
Income withholding is mandatory in Arizona support orders, capped at half of disposable earnings per pay period. A court that finds at an enforcement hearing that an obligor six months in arrears willfully failed to pay sends a certificate of noncompliance ordering license suspension. If a Division of Child Support Services case exists, the Attorney General's Child Support Services Section must be served.
Identify the Order, Violations, and Requested Relief
The petition must identify the prior order and the judicial officer who signed it, the exact provision violated, each specific failure to comply with dates and amounts, and the relief requested, including a request for an Order to Appear.
Oath Before a Notary or Deputy Clerk
The petitioner must sign an Oath or Affirmation, sworn before a notary public or a Deputy Clerk of the Superior Court, stating under penalty of perjury that the contents of the petition are true and correct.

Find out where you stand in Arizona

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Arizona Requirements for Motion for Contempt

Petition for Enforcement, No Statewide Mandatory Form

Two-Track Service Requirement

20-Day Service Deadline Before Hearing

Willfulness Shifted to a Defense

Contempt Sanctions and Arrest Warrant Requests

Discretionary Fees, Fines, and Make-Up Parenting Time

Income Withholding and License Suspension

Identify the Order, Violations, and Requested Relief

Oath Before a Notary or Deputy Clerk

Frequently Asked Questions