Does Hawaii have an official contempt form?

O'ahu and Kaua'i each publish their own numbered circuit forms, 1F-P-854 and 5F-P-165/5F-P-181. Check with your circuit's family court clerk for its form; if your circuit issues one, that court's form controls over any generic draft.

How is a Hawaii contempt motion served on the other parent?

Because a post-decree motion raises new issues, it must be personally served in the same manner as a summons under Hawai'i Family Court Rules Rule 4 and Rule 5(b). Service through the court's e-filing or case management system is not allowed for this motion.

How much notice does a Hawaii contempt hearing require?

The general floor for a written family court motion is only 48 hours before the hearing under Hawai'i Family Court Rules Rule 6(d). Intervening weekends and holidays can push that floor out in practice, so confirm the actual hearing date and time with the clerk.

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

It is not automatic. The court first decides whether the violation was wilful. Under HRS section 571-81(b), any contempt order based on the support prima facie showing must state that the parent may face a penalty that may include imprisonment, and if jail is ordered, the order must also state the conditions for release.

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

Contempt under HRS section 571-81 requires a wilful violation, neglect, or refusal to obey the order, and the court decides at the hearing whether that standard is met. For a support order, proof the order was made and served plus proof of nonpayment is prima facie evidence of civil contempt under section 571-81(b), so the practical burden shifts to the parent who did not pay.

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

It can, but only on a motion to enforce a child support order, under HRS section 571-52.7, and only if the prevailing party was represented by an attorney. It is discretionary, not guaranteed.

Hawaii Motion for Contempt

Q: What is a motion for contempt called in Hawaii?

Hawaii has no separate contempt pleading. It is a form of relief inside a Motion and Declaration for Post-Decree Relief, O'ahu's Form 1F-P-854, or a two-step Motion and Affidavit for Order to Show Cause, Kaua'i's Forms 5F-P-165 and 5F-P-181, filed under Hawai'i Family Court Rules Rule 10 and Hawaii Revised Statutes section 571-81.

Q: Can Hawaii help me collect child support without filing for contempt?

Yes. The Hawaii Child Support Enforcement Agency, part of the Department of the Attorney General, can pursue income withholding, license suspension, and other collection tools against a delinquent parent without a contempt filing, and Hawaii's Office of Child Support Hearings offers a separate administrative process to establish or enforce support.

Civil contempt is one checkbox inside a combined post-decree motion, and the minimum notice before a hearing is 48 hours, not counting intervening weekends and holidays.

Find out where you stand in Hawaii

What court order is not being followed?

DocDraft provides document preparation, not legal advice.

Introduction

Hawaii has no separate 'motion for contempt' pleading. A request to hold someone in civil contempt of a family court order is one form of relief inside a Motion and Declaration for Post-Decree Relief, the title used on O'ahu's Form 1F-P-854, or a two-step Motion and Affidavit for Order to Show Cause, the title used on Kaua'i's Forms 5F-P-165 and 5F-P-181. The motion is filed under Hawai'i Family Court Rules Rule 10 and alleges a violation of Hawaii Revised Statutes section 571-81, which lets the court punish any adult who wilfully violates, neglects, or refuses to obey a lawful court order. Hawaii's family courts sit in four judicial circuits, the 1st on O'ahu, the 2nd covering Maui, Moloka'i, and Lana'i, the 3rd on Hawai'i Island, and the 5th on Kaua'i, and there is no 4th circuit. O'ahu and Kaua'i each issue their own numbered forms; check with your circuit's family court clerk for its form, and if your circuit publishes one, that court's form controls over this draft. Because a post-decree motion raises new issues, it must be personally served on the other parent in the same manner as a summons, and service through the court's e-filing or case management system is not allowed for this motion. The general minimum notice period before a hearing on a written family court motion is only 48 hours, though intervening weekends and holidays can extend that floor in practice, so confirm the exact hearing date and time with the clerk once one is set. For a child support or other remedial-care order, proof the order was served, or that the parent was present when it was pronounced, plus proof of nonpayment is prima facie evidence of civil contempt, which shifts the practical burden to the parent who did not pay. Any contempt order based on that showing must state that the parent may face a penalty that may include imprisonment and, if jail is ordered, the conditions for release. A court may also award the prevailing party costs and reasonable attorney's fees on a child support enforcement motion, but only when that party was represented by an attorney. Filing this motion does not mean the other parent will go to jail: the court decides whether the violation was wilful and what remedy, if any, to order. Do not stop paying 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. The Hawaii Child Support Enforcement Agency, a division of the Department of the Attorney General, can pursue income withholding, license suspension, and other collection tools against a delinquent parent without a contempt filing, and Hawaii's Office of Child Support Hearings offers a separate administrative process to establish or enforce support. This page does not cover modifying support or custody; 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
Hawaii has no separate 'motion for contempt.' Civil contempt of a family court order is a form of relief inside a Motion and Declaration for Post-Decree Relief, O'ahu's Form 1F-P-854, or a two-step Motion and Affidavit for Order to Show Cause, Kaua'i's Forms 5F-P-165 and 5F-P-181, filed under Hawai'i Family Court Rules Rule 10 and Hawaii Revised Statutes section 571-81. Check your own circuit's family court clerk for its own numbered form; the court's form controls over this draft.
2
Because a post-decree motion raises new issues, it must be personally served on the other parent in the same manner as a summons under Hawai'i Family Court Rules Rule 4 and Rule 5(b); service through the court's e-filing or case management system is not permitted for this motion.
3
The general minimum notice period for a written family court motion is only 48 hours before the hearing under Hawai'i Family Court Rules Rule 6(d), far shorter than many other states' notice windows; confirm the exact hearing date and time with the clerk once a hearing is set.
4
For a child support or other remedial-care order, proof the order was served, or that the parent was present when it was pronounced, plus proof of nonpayment is prima facie evidence of civil contempt under HRS section 571-81(b). Any contempt order based on that showing must state that the parent may face a penalty that may include imprisonment and, if jail is ordered, the conditions for release.
5
A court may award the prevailing party costs and reasonable attorney's fees on a motion to enforce a child support order under HRS section 571-52.7, but only when that party was represented by an attorney.
6
Contempt under HRS section 571-81 requires a wilful violation, neglect, or refusal to obey the order, and the court decides the outcome, not the filer. For a support order, though, the prima facie showing under section 571-81(b) shifts the practical burden to the parent who did not pay.
7
Do not stop paying 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. The Hawaii Child Support Enforcement Agency can pursue income withholding, license suspension, and other collection tools without a contempt filing. This page does not cover modifying support or custody; 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.

Key decisions before you file

Before you file a Motion for Contempt in Hawaii, 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

Customize your Motion for Contempt Template with DocDraft

CASE NO. [CASE NUMBER]

IN THE FAMILY COURT OF THE [CIRCUIT NUMBER] CIRCUIT STATE OF HAWAI'I

In the Matter of [MOVANT NAME] and [RESPONDENT NAME]

MOTION FOR CIVIL CONTEMPT

This draft organizes the facts for a post-decree contempt request. O'ahu (1st Circuit) uses Form 1F-P-854, Motion and Declaration for Post-Decree Relief, and Kaua'i (5th Circuit) uses Forms 5F-P-165 and 5F-P-181, Motion and Affidavit for Order to Show Cause and Order to Show Cause. If your circuit publishes its own form, that court's form, not this draft, controls what is filed.

COMES NOW [MOVANT NAME], Movant, and moves this Court for an order finding [RESPONDENT NAME], Respondent, in civil contempt of court, and declares as follows:

On [DATE OF ORDER], this Court entered an order in this case requiring Respondent to [DESCRIPTION OF THE ORDER PROVISION AT ISSUE]. Respondent was served with the order or was present in court when it was pronounced.
Respondent has wilfully violated, neglected, or refused to obey 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. [ANY ADDITIONAL VIOLATION DATES AND AMOUNTS]
As of the date of this motion, Respondent owes unpaid support of [DOLLAR AMOUNT] for the period from [START DATE] through [END DATE].
Attached to this motion are Movant's Income and Expense Statement and Asset and Debt Statement.
Movant requests that any order finding civil contempt state that Respondent may face a penalty that may include imprisonment and, if imprisonment is ordered, the conditions for release.
Movant has incurred costs and, if represented by an attorney, reasonable attorney's fees in bringing this motion.

WHEREFORE, Movant asks this Court to: a. Set this motion for hearing and direct Respondent to appear and show cause why Respondent should not be held in civil contempt of court; b. Find Respondent in civil contempt of the order described above; c. Order Respondent to pay the arrearages stated above; d. Award Movant costs and reasonable attorney's fees under HRS section 571-52.7, if applicable; e. Grant any other relief this Court deems just.

DECLARATION

I subscribe this declaration as true under penalty of law. The facts stated in this motion and its attachments are true to the best of my knowledge.

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

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a copy of this motion was personally served on [RESPONDENT NAME] in the manner required for service of a summons under Hawai'i Family Court Rules Rule 4.

[SIGNATURE] [NAME]

Hawaii Requirements for Motion for Contempt

Combined Post-Decree Motion, No Single Statewide Form
Hawaii has no separate contempt pleading; civil contempt is requested inside a Motion and Declaration for Post-Decree Relief (O'ahu's Form 1F-P-854) or a two-step Motion and Affidavit for Order to Show Cause (Kaua'i's Forms 5F-P-165 and 5F-P-181), filed under Hawai'i Family Court Rules Rule 10 and HRS section 571-81. Check your own circuit's clerk for its own numbered form; that court's form controls.
Personal Service Like a Summons
A post-decree motion raises new issues and must be personally served on the other parent in the same manner as service of a summons under Hawai'i Family Court Rules Rule 4 and Rule 5(b); service through the court's e-filing or case management system is not permitted.
48-Hour Minimum Notice Before Hearing
The general minimum notice period for a written family court motion is 48 hours before the hearing under Hawai'i Family Court Rules Rule 6(d); confirm the actual hearing date and time with the clerk, since intervening weekends and holidays can extend the practical floor.
Support Prima Facie Contempt Rule and Purge Statement
For a child support or other remedial-care order, proof the order was served, or that the parent was present when it was pronounced, plus proof of nonpayment is prima facie evidence of civil contempt under HRS section 571-81(b); any contempt order based on that showing must state that the parent may face a penalty that may include imprisonment and, if jail is ordered, the conditions for release.
Discretionary Fee-Shifting for Represented Movants
On a motion to enforce a child support order, the court may award the prevailing party costs and reasonable attorney's fees under HRS section 571-52.7, but only when that party was represented by an attorney.
Wilfulness Requirement and Support Burden Shift
HRS section 571-81 requires proof that the respondent wilfully violated, neglected, or refused to obey the order; for a support order, the prima facie showing under section 571-81(b) shifts the practical burden to the respondent.
Financial Statements Required for Money Relief
A motion seeking financial or monetary relief, including support arrears, must have attached an Income and Expense Statement and an Asset and Debt Statement, executed by the movant and notarized or executed under penalty of perjury, under Hawai'i Family Court Rules Rule 10(c).
Identify the Order, Violations, and Requested Relief
The motion should identify the prior order allegedly violated, each instance of noncompliance, the arrearage amount to date if support is owed, and the specific relief sought, such as a finding of civil contempt.
Supporting Declaration or Affidavit
A motion that relies on facts not in the record must be supported by affidavit or declaration under Hawai'i Family Court Rules Rule 10(a); Rule 10(b) allows an unsworn declaration subscribed as true under penalty of law in place of a notarized affidavit. O'ahu's Form 1F-P-854 uses a declaration, while Kaua'i's Form 5F-P-165 uses an affidavit sworn before a notary.

Find out where you stand in Hawaii

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Hawaii Requirements for Motion for Contempt

Combined Post-Decree Motion, No Single Statewide Form

Personal Service Like a Summons

48-Hour Minimum Notice Before Hearing

Support Prima Facie Contempt Rule and Purge Statement

Discretionary Fee-Shifting for Represented Movants

Wilfulness Requirement and Support Burden Shift

Financial Statements Required for Money Relief

Identify the Order, Violations, and Requested Relief

Supporting Declaration or Affidavit

Frequently Asked Questions