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Connecticut Motion for Contempt

A state marshal, not the filer, must serve the papers before the hearing, and the general contempt penalty the form cites is annotated as not applying to a family court order.

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Introduction

Connecticut enforces a family court order through a Motion for Contempt/Contempt Citation, filed on Judicial Branch form JD-FM-173 in the same case and under the same docket number as the order being enforced. The Judicial Branch's self-help page states that two documents must be completed: the Motion for Contempt/Contempt Citation, form JD-FM-173, and an Appearance, form JD-CL-12. The form asks whether the case is a family support magistrate, or IV-D, matter, which routes support enforcement to the Family Support Magistrate Division of the Superior Court. Once filed, the same form doubles as the court's own order commanding the other party to appear and show why they should not be held in contempt. The filer cannot serve the papers; a state marshal must serve a true and attested copy on the other party at least 12 days before the court date, and proof of service must be filed with the court at least 6 days before the hearing. The motion must state the date and specific language of the order violated, the specific acts alleged to constitute the contempt including the amount of any arrears claimed, and the relief requested. The filer signs a certification that the statements are true to the best of their knowledge, not a notarized sworn affidavit. At the hearing, a party who did not comply can defend on the ground that the failure was not willful, by showing compliance was objectively impossible, not merely difficult. A contempt finding and jail are never automatic, and the court decides case by case. The JD-FM-173 form cites Conn. Gen. Stat. section 51-33, which caps general contempt at a $100 fine and 6 months in jail, but that statute's own case-law annotation says the cap does not apply to contempt of a family court's equitable orders, so do not assume the 6-month figure limits jail for contempt of a family order; for arrears the court can instead order a payment plan as a coercive but curable condition. Under Conn. Gen. Stat. section 46b-87, when someone is found in contempt of an order entered under Conn. Gen. Stat. sections 46b-60 to 46b-62, 46b-81 to 46b-83, or 46b-86, the court may award the filer a reasonable attorney's fee and the marshal's service fee; if the other party is found not in contempt, the court may award that party a reasonable attorney's fee. Do not withhold court-ordered 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 changing the amount of support or the custody schedule; 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 confronting the other party. For unpaid child support, Connecticut splits enforcement across the Department of Social Services' Office of Child Support Services, the Judicial Branch's Support Enforcement Services, and the Family Support Magistrates, and tools such as income withholding, a payment plan, or license suspension can often be used without a contempt finding. The Judicial Branch form, not this page, controls what is filed. Attorney review is available before filing.

Key Things to Know

  1. 1

    Connecticut calls this a Motion for Contempt/Contempt Citation, filed on Judicial Branch form JD-FM-173 in the same case as the order being enforced. The self-help page states two documents must be completed: JD-FM-173 and an Appearance, form JD-CL-12. The form itself also functions as the court's own order commanding the other party to appear and show cause.

  2. 2

    The papers cannot be served by the filer. A state marshal must serve a true and attested copy on the other party at least 12 days before the hearing, and proof of service must be filed with the court at least 6 days before the hearing date.

  3. 3

    The motion must state the date and specific language of the order violated, the specific acts alleged to constitute the contempt including the amount of any arrears claimed, and the relief requested. The filer signs a certification that the statement is true to the best of their knowledge; Connecticut does not require a notarized sworn affidavit for this filing.

  4. 4

    A party who did not comply can defend on the ground that the failure was not willful, by showing compliance was objectively impossible, not merely difficult. The court decides after a hearing, and a contempt finding is never automatic.

  5. 5

    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 response and can itself become the basis for a contempt finding against the parent who does it.

  6. 6

    The JD-FM-173 form cites Conn. Gen. Stat. section 51-33's $100 fine and 6-month jail cap, but that statute's own annotation says the cap does not apply to contempt of family court orders, so do not assume the 6-month figure limits jail here; for arrears the court can instead order a payment plan. Under Conn. Gen. Stat. section 46b-87, for contempt of an order entered under Conn. Gen. Stat. sections 46b-60 to 46b-62, 46b-81 to 46b-83, or 46b-86, the court may award the filer a reasonable attorney's fee and the marshal's service fee, or award a respondent found not in contempt a reasonable attorney's fee.

  7. 7

    Connecticut splits child support enforcement three ways: the Department of Social Services' Office of Child Support Services, the Judicial Branch's Support Enforcement Services, and the Family Support Magistrates, and tools like income withholding, a payment plan, or license suspension under Conn. Gen. Stat. section 46b-220 can often be used without a contempt finding. This page does not cover modifying support or custody, and a domestic violence or safety risk should go through DocDraft's restraining order guide instead.

Key decisions before you file

Before you file a Motion for Contempt in Connecticut, 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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Connecticut Requirements for Motion for Contempt

  • Official Statewide Form JD-FM-173

    Connecticut's Judicial Branch form for this filing is JD-FM-173, which also functions as the court's own order commanding the other party to appear; the Judicial Branch states that the form and an Appearance, form JD-CL-12, must be completed.

  • Marshal-Only Service, No Self-Service

    The filer cannot serve the papers personally. A state marshal must serve a true and attested copy of the motion and the court's order on the other party at least 12 days before the hearing date.

  • Proof of Service Deadline

    Proof of service must be filed with the court at least 6 days before the hearing date, as stated in the order printed on JD-FM-173.

  • Required Pleading Contents

    The motion must state the date and specific language of the order violated, the specific acts alleged to constitute the contempt including the amount of any arrears claimed, and the movant's claim for relief, plus a caption designation of whether the matter is pendente lite or postjudgment and the subject matter of the order (Conn. Practice Book section 25-27).

  • Certification in Lieu of Notarized Affidavit

    The filer signs a certification that the information is true to the best of their knowledge, not a notarized sworn affidavit.

  • Willfulness and Ability-to-Pay Defense

    The motion targets a willful violation of the order; the respondent can defend by showing the failure was not willful because compliance was objectively impossible, not merely difficult.

  • General Contempt Cap Does Not Bind Family Orders

    Conn. Gen. Stat. section 51-33 caps general contempt at a $100 fine and 6 months in jail, but that statute's own annotation says the cap does not apply to contempt of a family court's equitable orders, so the 6-month figure should not be assumed to limit jail here; for arrears the court can instead order a payment plan.

  • Two-Way Fee-Shifting Under Section 46b-87

    When someone is found in contempt of an order entered under Conn. Gen. Stat. sections 46b-60 to 46b-62, 46b-81 to 46b-83, or 46b-86, the court may award the movant a reasonable attorney's fee and the marshal's fee for serving the citation; if the respondent is found not in contempt, the court may award the respondent a reasonable attorney's fee (Conn. Gen. Stat. section 46b-87).

  • Non-Contempt Enforcement Tools

    Under Conn. Gen. Stat. section 46b-215(a)(9), the court or a family support magistrate can order a payment plan for arrears, income withholding, or suspension of a driver's, professional, occupational, or recreational license under section 46b-220, without a contempt finding.

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