California Motion for Contempt
Filing means personal service at least 16 court days before the hearing and a sworn affidavit signed under penalty of perjury; if the court finds contempt, any jail or community service is capped by the hour for each count, and each missed payment can be its own count.
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Introduction
California does not have a 'motion for contempt.' To enforce a family court order for support, custody, visitation, or a property term, a parent or spouse files an Order to Show Cause and Affidavit for Contempt (Family Law) on Judicial Council Form FL-410, which the Judicial Council has adopted for mandatory use statewide. If the violation involves a missed support, fee, or cost payment, Form FL-411 is attached and each missed installment is itemized separately. If it involves a domestic violence, custody, or visitation order, Form FL-412 is attached instead. The completed papers must be personally served on the other party, called the citee, by a non-party adult who is at least 18; the filer cannot serve the papers, and service by mail is not allowed (Cal. Code Civ. Proc. section 1016). Service must happen at least 16 court days before the hearing (Cal. Code Civ. Proc. section 1005(b)). At the hearing the court decides whether the citee had knowledge of the order, was able to comply, and willfully disobeyed it anyway; a contempt finding and jail are never automatic, and an inability-to-pay or no-willfulness defense can defeat the motion entirely. Do not withhold support because parenting time was denied, and do not deny parenting time because support is unpaid; either can itself be treated as contempt. If domestic violence or a safety risk is involved, use California's restraining order process rather than confronting the other party. This page does not cover changing the amount of support or the custody schedule; that requires a separate request. For unpaid child support, California's Department of Child Support Services, working through the county Local Child Support Agency, can often collect faster than a contempt filing. The Judicial Council forms, not this page, control what is filed. Attorney review is available before filing.
Key Things to Know
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California calls this an Order to Show Cause and Affidavit for Contempt (Family Law), filed on Judicial Council Form FL-410, which the Judicial Council has adopted for mandatory use statewide. Attach Form FL-411 for missed support, fee, or cost payments, or Form FL-412 for a domestic violence, custody, or visitation violation.
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The papers must be personally served on the citee by a non-party adult who is at least 18, at least 16 court days before the hearing. The filer cannot serve the papers, and service by mail is not sufficient (Cal. Code Civ. Proc. sections 1016, 1005(b)). Proof of service is filed on Form FL-330.
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The affidavit must be signed under penalty of perjury and must state each order disobeyed, how the citee knew of it, the citee's ability to comply, and any prior contempt history (Cal. Code Civ. Proc. section 1211(a)).
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An inability-to-pay or no-willfulness defense can defeat the motion. For child support, proof that the order was made, filed, and served, or that the parent was in court when it was made, plus proof of nonpayment, creates a prima facie case of contempt (Cal. Code Civ. Proc. section 1209.5). The citee can still raise an inability to comply.
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Do not withhold court-ordered support because parenting time was denied, and do not deny parenting time because support is unpaid. Either move is not a lawful self-help remedy and can itself lead to a contempt finding against the person who does it.
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Jail and community service are capped per count and rise with repeat findings under Cal. Code Civ. Proc. section 1218(c)(1): up to 120 hours of either on a first finding, up to 120 hours of each on a second, and up to 240 hours of each on a third or later finding. Each missed month of support is its own count (Cal. Code Civ. Proc. section 1218.5(a)). General contempt outside these categories carries a fine of up to $1,000 and up to 5 days in jail (Cal. Code Civ. Proc. section 1218(a)).
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Contempt does not change how much support is owed or who has custody; a separate Request for Order handles that. For faster support collection, contact California's Department of Child Support Services through the county Local Child Support Agency. If domestic violence or a safety risk is involved, use the restraining order process instead.
Key decisions before you file
Before you file a Motion for Contempt in California, a few decisions shape the document: which option to choose and what each one means. The Motion for Contempt guide walks through them.
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California Requirements for Motion for Contempt
Mandatory Judicial Council Form FL-410
The Order to Show Cause and Affidavit for Contempt must be filed on Judicial Council Form FL-410, a form adopted for mandatory use statewide, with Form FL-411 attached for financial violations or Form FL-412 attached for domestic violence, custody, or visitation violations. Filing this form satisfies the affidavit requirement of Cal. Code Civ. Proc. section 1211.
Personal Service Only, No Mail
The papers must be personally served on the citee by a non-party adult who is at least 18. The filer cannot serve the papers, and service by mail is not sufficient (Cal. Code Civ. Proc. section 1016).
16 Court Days' Notice Before the Hearing
Service must occur at least 16 court days before the hearing date, tracking the general motion notice period in Cal. Code Civ. Proc. section 1005(b), as stated on the FL-410 information sheet.
Sworn Affidavit Under Penalty of Perjury
The affidavit must state the order disobeyed, how the citee knew of it, and the citee's ability to comply, and must be signed under penalty of perjury (Cal. Code Civ. Proc. section 1211(a)).
Child Support Prima Facie Rule
For a child support order, proof that the order was made, filed, and served, or that the parent was present when it was pronounced, plus proof of nonpayment, is prima facie evidence of contempt (Cal. Code Civ. Proc. section 1209.5). An inability-to-pay defense remains available to the citee.
Per-Count Escalating Jail and Community Service Caps
For family law orders, each count of contempt carries up to 120 hours of jail or community service on a first finding, up to 120 hours of each on a second finding, and up to 240 hours of each on a third or later finding, with each missed support month counted separately (Cal. Code Civ. Proc. sections 1218(c)(1), 1218.5(a)).
Three-Year and Two-Year Filing Limits
A contempt count for unpaid support must be filed within three years of the missed payment, and a count based on another Family Code order must be filed within two years of the violation (Cal. Code Civ. Proc. section 1218.5(b)).
Discretionary Attorney Fees Require Form FL-150
The court may, but is not required to, order the citee to pay the filer's reasonable attorney fees and costs, and a current Income and Expense Declaration on Form FL-150 must be attached to request them (Cal. Code Civ. Proc. section 1218(a)).
Financial Compensation for Thwarted Parenting Time
The contempt statutes themselves do not provide a make-up parenting-time remedy. Family Code section 3028 allows a request for financial compensation when a parent is thwarted from exercising custody or visitation, on a showing of at least $100 in expenses or at least three occurrences in the six months before filing.