What is a motion for contempt called in Colorado?

Colorado calls it a Motion and Affidavit for Citation for Contempt of Court, filed under Colorado Rule of Civil Procedure 107(c) on the state's form JDF 1816. JDF 1816 is not a mandatory form, but it is the only statewide form for this procedure, and the court's own form controls what it requires.

Does Colorado require personal service for a contempt citation?

Yes. The citation, motion, affidavit, and order must be served directly on the other party at least 21 days before the show cause hearing. Rule 107(c) does not allow the citation to be served by mail, and if the other party still fails to appear after proper service, the court may issue a warrant for their arrest.

What is the difference between remedial and punitive contempt in Colorado?

Both are requested on the same form, JDF 1816. Remedial contempt is coercive: a fine or jail can continue with no fixed limit until the person complies. Punitive contempt punishes past disobedience, is capped at a maximum jail sentence of six months unless the person was advised of the right to a jury trial, requires proof beyond a reasonable doubt, and carries no fee shifting to the movant.

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

Jail is not automatic. The court decides whether contempt occurred and, for remedial contempt, must first find the other party had the present ability to comply before any sanction can issue. Punitive contempt jail time is capped at six months unless a jury trial was offered; remedial contempt jail has no fixed cap because it continues only until compliance.

Will a Colorado court order the other parent to pay my attorney's fees for a contempt motion?

Only on the remedial track, and only at the court's discretion: Colorado Rule of Civil Procedure 107(d)(2) allows costs and reasonable attorney's fees in connection with remedial contempt. The punitive contempt track carries no such fee award.

Is there a faster way to enforce parenting time in Colorado than filing for contempt?

Yes. Colorado's own self-help guidance directs a denied parenting time dispute to a separate Motion Concerning Parenting Time Disputes rather than the Rule 107 contempt citation. That motion can award make up parenting time of the same type and duration that was denied and includes mandatory attorney's fees to the parent who was wronged.

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

Yes. Colorado Child Support Services, the county-based program operating under the state's Child Support Enforcement Act, can pursue income withholding and other collection tools against a delinquent parent without a contempt filing. A separate form can also reduce unpaid support to a money judgment without pursuing contempt at all.

Colorado Motion for Contempt

Q: What if I could not afford to pay child support in Colorado?

Present ability to comply is something the movant must prove, not just a defense you must raise. A person facing remedial contempt has the right to a hearing where the court must find they had the ability to comply, and still have the present ability to comply, before any sanction can issue. Punitive contempt also requires proof beyond a reasonable doubt that you had the ability to comply and willfully refused.

Colorado splits contempt into a coercive remedial track that can run until compliance and a punitive track capped at six months, both requested on one combined form.

Find out where you stand in Colorado

What court order is not being followed?

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Introduction

Colorado enforces a family court order through a Motion and Affidavit for Citation for Contempt of Court, filed under Colorado Rule of Civil Procedure 107(c) in the same case that issued the order, using the state's form JDF 1816. JDF 1816 is not a mandatory form, but it is the only statewide form for this procedure, and the court's own form controls what it requires. The form lets a movant request remedial contempt, punitive contempt, or both in the same filing: remedial contempt is coercive, meant to force compliance, while punitive contempt is meant to punish past disobedience and requires proof beyond a reasonable doubt. Once filed, Rule 107(c) lets the court issue a citation ordering the other party to appear and show cause; the citation, motion, affidavit, and order must be served directly on that person at least 21 days before the hearing, and Rule 107 does not allow service of the citation by mail. If that person still fails to appear despite proper service, the court may issue a warrant for their arrest. For remedial contempt, a fine or jail can continue with no fixed statutory limit, lasting until the person complies or the court finds compliance is no longer possible; for punitive contempt, the maximum jail sentence is six months unless the person was advised of the right to a jury trial. Discretionary costs and attorney's fees are available only on the remedial track. Colorado does not treat this citation as the only or fastest option. For unpaid child support, Colorado Child Support Services, the county-based program operating under the state's Child Support Enforcement Act, can pursue income withholding and other collection tools without a contempt filing, and a filer can also ask the court to enter unpaid support as a money judgment on a separate form rather than pursuing contempt. For a denied parenting time dispute specifically, Colorado's own self-help guidance points filers toward a different, faster procedure, a Motion Concerning Parenting Time Disputes, instead of the Rule 107 citation process; that motion can result in make-up parenting time and mandatory attorney's fees to the parent who was wronged. Filing this motion does not mean the other party will go to jail: the court decides whether contempt occurred, and a person facing remedial contempt has the right to a hearing where the court must find they had the ability to comply and still have the present ability to comply before any sanction can issue. Do not stop paying child support because parenting time was denied, and do not deny parenting time because support went unpaid; either one can itself be treated as contempt. This page does not cover modifying support or a parenting plan; use DocDraft's child support modification and parenting plan pages for that. If domestic violence or a safety risk is involved, use DocDraft's getting a restraining order guide instead of this motion. Attorney review is available before you file.

Key Things to Know

1
Colorado calls this a Motion and Affidavit for Citation for Contempt of Court, filed under Colorado Rule of Civil Procedure 107(c) on the state's form JDF 1816. JDF 1816 is not mandatory, but it is the only statewide form for this procedure, and the court's own form controls.
2
The citation, motion, affidavit, and order must be served directly on the other party at least 21 days before the show cause hearing; Rule 107(c) does not allow the citation to be served by mail. If the other party still fails to appear after proper service, the court may issue a warrant for their arrest.
3
JDF 1816 lets a movant request remedial contempt, punitive contempt, or both in the same filing. Remedial contempt is coercive, with a fine or jail that can continue with no fixed limit until compliance. Punitive contempt is capped at a maximum jail sentence of six months unless the person was advised of the right to a jury trial, and it carries no fee shifting.
4
Present ability to comply is something the movant must show, not only a defense the other party must raise: a person facing remedial contempt has the right to a hearing where the court must find they had the ability to comply, and still have the present ability to comply, before any sanction can issue. For punitive contempt, the movant must prove beyond a reasonable doubt that the other party knew of the order, had the ability to comply, and willfully refused, and that the conduct was offensive to the authority and dignity of the court.
5
Discretionary costs and attorney's fees may be awarded only on the remedial track, at the court's discretion; the punitive track carries no such fee award. A separate form, JDF 1813, can reduce unpaid support to a money judgment without pursuing contempt at all.
6
Do not stop paying child support because parenting time was denied, and do not deny parenting time because support went unpaid; either one can itself be treated as contempt of court.
7
Colorado Child Support Services can pursue income withholding and other collection tools for unpaid support without a contempt filing, and a denied parenting time dispute alone may be resolved faster through the separate Motion Concerning Parenting Time Disputes, which can award make up parenting time and mandatory attorney's fees. This page does not cover modifying support or a parenting plan (see DocDraft's child support modification and parenting plan pages), and if domestic violence or a safety risk is involved, use DocDraft's getting a restraining order guide instead.

Key decisions before you file

Before you file a Motion for Contempt in Colorado, 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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NOTE: Colorado's official statewide form for this motion is JDF 1816, Motion and Affidavit for Citation for Contempt of Court. The court's form controls; use this draft to prepare the information JDF 1816 asks for.

CASE NO. [DR CASE NUMBER]

IN RE THE MARRIAGE OF [PETITIONER NAME] AND [RESPONDENT NAME]

[COURT NAME AS SHOWN ON THE ORDER BEING ENFORCED, E.G. DISTRICT COURT, COUNTY NAME COUNTY, COLORADO]

MOTION AND AFFIDAVIT FOR CITATION FOR CONTEMPT OF COURT (Colo. R. Civ. P. 107)

[PETITIONER NAME] (Movant), being first duly sworn, states under oath as follows:

On [DATE THE ORDER WAS SIGNED], this Court entered an order requiring [RESPONDENT NAME] (Respondent) to [DESCRIPTION OF WHAT THE ORDER REQUIRED RESPONDENT TO DO]. A copy of the order is attached.
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 PAYMENT MISSED AND THE DATE IT WAS DUE] b. [DATE OF VIOLATION]: [DESCRIPTION OF THE SPECIFIC FAILURE TO COMPLY] c. [LIST OF ANY ADDITIONAL VIOLATION DATES, AMOUNTS, AND DESCRIPTIONS]
Respondent had knowledge of the order and has the present ability to comply with it.
Respondent's failure to comply is willful and is not the result of any inability to comply.
There has been no stay of execution and no modification of the order.
Respondent's conduct described above is contrary to this Court's order.

Movant requests that the Court find and order the following:

[ ] REMEDIAL CONTEMPT: that Respondent be found in remedial contempt, that the Court describe the means by which Respondent may purge the contempt, that Respondent be fined or imprisoned until compliance, and that Respondent pay Movant's costs and reasonable attorney's fees.

[ ] PUNITIVE CONTEMPT: that Respondent be found in punitive contempt because Respondent had knowledge of the order, had the ability to comply, and willfully refused to comply, and that this conduct was offensive to the authority and dignity of the Court, and that Respondent be punished by a fine, jail, or both, as the Court finds appropriate.

WHEREFORE, Movant asks the Court to issue a citation ordering Respondent to appear and show cause why Respondent should not be held in contempt of court, and to grant the relief requested above and any other relief the Court deems proper.

AFFIDAVIT

I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct.

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

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a copy of this Motion and Affidavit, the citation, and the order were served directly on [RESPONDENT NAME] by personal service, at least 21 days before the hearing date set by the Court.

[SIGNATURE] [NAME]

Colorado Requirements for Motion for Contempt

Motion and Affidavit for Citation for Contempt, Form JDF 1816
Colorado enforces family orders through a Motion and Affidavit for Citation for Contempt of Court under Colorado Rule of Civil Procedure 107(c), using the state's form JDF 1816. JDF 1816 is not mandatory, but it is the only statewide form for this procedure, and the court's own form controls what it requires.
21-Day Personal Service Requirement
The citation, motion, affidavit, and order must be served directly on the other party at least 21 days before the show cause hearing under Rule 107(c). The rule does not allow the citation to be served by mail, and the court may issue a warrant for arrest if the other party fails to appear after proper service.
Two-Track Remedial and Punitive Contempt
JDF 1816 lets a movant request remedial contempt, coercive sanctions to force compliance, punitive contempt, quasi-criminal sanctions to punish past disobedience, or both in the same filing under Rule 107.
Six-Month Cap on Punitive Contempt Absent a Jury Trial
Under Rule 107(d)(1), the maximum jail sentence for punitive contempt is six months unless the person was advised of the right to a jury trial. Remedial contempt has no fixed jail cap because it continues only until the person performs the ordered act.
Discretionary Fees Only on the Remedial Track
Rule 107(d)(2) allows the court, in its discretion, to award costs and reasonable attorney's fees only in connection with remedial contempt. Punitive contempt carries no such fee award.
Present Ability to Comply Is the Movant's Burden
For remedial contempt, the movant must show the other party had knowledge of the order and has the present ability to comply with it; the court must find present ability to comply before any sanction can issue. For punitive contempt, the movant must prove beyond a reasonable doubt knowledge of the order, ability to comply, and willful refusal, and that the conduct was offensive to the authority and dignity of the court.
Make-Up Parenting Time Under a Separate Statute
Colorado Revised Statutes section 14-10-129.5(2)(d) lets the court order make up parenting time of the same type and duration that was denied, generally within six months of the noncompliance, or within one year if it cannot be made up in six months. This remedy is not part of the Rule 107 contempt citation.
Identify the Order, Violations, and Requested Relief
The motion must identify the order allegedly violated and its date, describe each specific act of noncompliance with dates and amounts, state that Respondent had knowledge of the order and the present ability to comply, and request that the court issue a citation to appear and show cause.
Sworn Affidavit Under Penalty of Perjury
The motion is itself a sworn affidavit: Rule 107(c) requires the court to act on a motion supported by affidavit, and JDF 1816 ends with a verification clause the movant signs under penalty of perjury under the law of Colorado.

Find out where you stand in Colorado

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Colorado Requirements for Motion for Contempt

Motion and Affidavit for Citation for Contempt, Form JDF 1816

21-Day Personal Service Requirement

Two-Track Remedial and Punitive Contempt

Six-Month Cap on Punitive Contempt Absent a Jury Trial

Discretionary Fees Only on the Remedial Track

Present Ability to Comply Is the Movant's Burden

Make-Up Parenting Time Under a Separate Statute

Identify the Order, Violations, and Requested Relief

Sworn Affidavit Under Penalty of Perjury

Frequently Asked Questions