What is Indiana's version of a motion for contempt called?

Indiana calls it a Verified Motion, or Petition, for Rule to Show Cause, the state's indirect civil contempt procedure under Indiana Code 34-47-3. It is filed in the same case, under the same cause number, as the order being enforced, not as a new lawsuit.

Is there an official Indiana form for a contempt petition?

Only for custody or parenting time. The statewide self-help packet pairs the Verified Petition for Rule to Show Cause Regarding Custody or Parenting Time, form CCA-DC-0518-1030, with the Order to Appear and Rule to Show Cause, form CCA-DC-0518-1031. It is not adopted as a mandatory statewide form, and some counties publish their own local contempt forms. The statewide packet does not cover a child-support-only contempt filing; those typically go through the county prosecutor's office.

How is an Indiana contempt petition served, and how much notice is required?

The statewide self-help petition allows a party to serve it by first class mail or the court's electronic filing system. A citation or order to appear issued by the court itself must generally be served by the sheriff, the same way a summons is served, a rule that applies expressly to child support contempt. Because contempt is initiated by verified motion, Indiana's general rule for written motions requires the hearing notice to go out at least 5 days beforehand under Trial Rule 6(E), plus 3 more days under Trial Rule 6(G) if notice is served by mail.

Can an Indiana court send someone to jail for contempt of a family order?

It can, but it is never automatic. Indiana sets no fixed statutory jail cap for this kind of contempt; jail is allowed only to coerce compliance, never to punish, and the order must state a purge condition so the contemnor can end the jail term by complying.

What happens if a parent ignores an Indiana child support order to show cause?

Indiana Code 31-16-12-6.5 lets the court issue a bench warrant that fixes an escrow the parent must post to be released: the full arrearage if it is under $500, or between $500 and 100% of the arrearage otherwise. If the parent cannot post it, the statute guarantees a hearing within 48 hours of arrest, excluding weekends and holidays.

Can I get make-up parenting time through an Indiana contempt filing?

Not automatically. Mandatory contempt plus mandatory make-up parenting time under Indiana Code 31-17-4-8 applies only after the noncustodial parent first obtains a Rule 65 injunction or restraining order against the custodial parent, and only a violation of that injunction triggers the mandatory remedy. Filing a Rule to Show Cause on the original parenting-time order alone does not guarantee make-up time.

What defenses can stop an Indiana contempt finding?

The movant must first prove the accused party willfully and intentionally disobeyed the order. The accused party can then raise inability to comply or inability to pay, and Indiana courts put the burden of proving either defense on the accused party, not the movant.

Why should an Indiana parent not withhold child support because the other parent denied parenting time?

Because either move can itself be treated as contempt. Do not withhold court-ordered support because parenting time was denied, and do not withhold parenting time because support is unpaid. Each issue should be enforced separately.

Indiana Motion for Contempt

Q: Is there a faster way to collect unpaid child support in Indiana than filing for contempt?

Often yes. Indiana's Child Support Bureau, part of the Department of Child Services and delivered locally through county prosecutors, enrolls any parent free of charge and can pursue income withholding, license suspension, and other tools without a contempt hearing.

Q: Can an Indiana contempt hearing also change custody or the support amount?

Indiana's contempt sources do not say whether a contempt hearing can also change custody or support, so do not count on it. This page covers only enforcing the existing order; to change the support amount or the custody or parenting-time schedule, file a separate modification request. If domestic violence or a safety risk is involved, use Indiana's protective order process instead of confronting the other party.

If a parent ignores a child support order to show cause, Indiana can issue a bench warrant fixing an escrow and, if the parent cannot post it, guarantees a hearing within 48 hours of arrest, and any coercive contempt jail term must end once the contemnor complies.

Find out where you stand in Indiana

What court order is not being followed?

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Introduction

Indiana enforces a family court order through a Verified Motion, often called a Petition, for Rule to Show Cause, the state's indirect civil contempt procedure under Indiana Code 34-47-3, filed in the same cause number as the underlying support, custody, or parenting-time order, not as a new case. For a custody or parenting-time violation, a statewide self-help packet exists: the Verified Petition for Rule to Show Cause Regarding Custody or Parenting Time, form CCA-DC-0518-1030, paired with the Order to Appear and Rule to Show Cause, form CCA-DC-0518-1031. Indiana Legal Help, the self-help site the state judiciary directs unrepresented litigants to, hosts these forms, but the Indiana Supreme Court has not adopted them as mandatory, and they cover only custody or parenting time, not child support. The statewide packet does not cover a child-support-only contempt filing; those cases typically proceed through the county prosecutor's Title IV-D office rather than a party's own pleading. Because the packet is not mandatory, some counties, such as Allen Superior Court, publish their own local contempt forms, so check with the court clerk. No single contempt statute fixes how a party-filed motion must be served: the statewide self-help petition allows service by first class mail or through the court's electronic filing system, while a citation or order to appear issued by the court itself must generally be served by the sheriff in the same manner as a summons, a rule the child support contempt statute expressly adopts. Because contempt is initiated by verified motion, Indiana's general rule for written motions requires notice of the hearing at least 5 days beforehand, under Trial Rule 6(E), unless the court sets a different period, and Trial Rule 6(G) adds 3 days when notice is served by mail. If the court finds contempt, Indiana's civil contempt sanction has no fixed statutory jail cap: imprisonment is allowed only to coerce compliance, never to punish, and the order must state a purge condition, the specific way the contemnor can end the jail term by complying. For child support, the court may instead order community restitution or that the party seek employment. The court can also order the losing party to pay attorney fees and damages tied to proven harm. None of this is automatic: the movant must prove the violation was willful and intentional, and the burden then shifts to the accused party to prove an inability to comply or to pay. Do not withhold court-ordered parenting time because support is unpaid, and do not withhold support because parenting time was denied; either move can itself be treated as contempt. For unpaid child support, Indiana's Child Support Bureau, run by the Department of Child Services through county prosecutors, enrolls any parent free of charge and can pursue income withholding and license suspension without a contempt filing. This page does not cover changing the support amount or the custody or parenting-time schedule; that requires a separate request. If domestic violence or a safety risk is involved, use Indiana's protective order process instead of confronting the other party. Attorney review is available before filing.

Key Things to Know

1
Indiana calls this a Verified Motion, or Petition, for Rule to Show Cause, the state's indirect civil contempt procedure under Indiana Code 34-47-3, filed under the same cause number as the order being enforced. A statewide self-help packet, the Verified Petition for Rule to Show Cause Regarding Custody or Parenting Time (form CCA-DC-0518-1030) and the Order to Appear and Rule to Show Cause (form CCA-DC-0518-1031), covers only custody or parenting time violations; it is not adopted as mandatory, and some counties publish their own local contempt forms. The statewide packet does not cover a child-support-only filing.
2
No single contempt statute sets how a party-filed motion must be served. The statewide self-help petition allows service by first class mail or the court's electronic filing system, while a court-issued citation or order to appear must generally be served by the sheriff like a summons, a rule Indiana Code 31-16-12-14(b) applies expressly to child support contempt. Because contempt is initiated by verified motion, Indiana's general rule for written motions requires notice of the hearing at least 5 days beforehand, under Trial Rule 6(E), plus 3 more days under Trial Rule 6(G) if notice is served by mail.
3
The movant must prove the accused party willfully and intentionally disobeyed the order. The burden then shifts: an inability to comply or an inability to pay is a defense, but the accused party, not the movant, must prove it.
4
Do not withhold court-ordered parenting time because support is unpaid, and do not withhold support because parenting time was denied. Either move can itself be treated as contempt, and each issue should be enforced separately.
5
Indiana sets no fixed statutory jail cap for this kind of contempt. Jail is allowed only to coerce compliance, never to punish, and the order must state a purge condition, the way the contemnor can end the jail term by complying. For child support, the court may instead order community restitution or that the party seek employment, and it can order attorney fees and damages tied to proven harm.
6
If a parent fails to respond to a child support order to show cause, Indiana Code 31-16-12-6.5 lets the court issue a bench warrant fixing an escrow the parent must post to be released: the full arrearage if it is under $500, or between $500 and 100% of the arrearage otherwise. If the parent cannot post it, the statute guarantees a hearing within 48 hours of arrest, excluding weekends and holidays.
7
Getting a mandatory contempt finding and mandatory make-up parenting time under Indiana Code 31-17-4-8 takes an extra step: the noncustodial parent must first obtain a Rule 65 injunction or restraining order against the custodial parent, available only to a parent who regularly pays support, and only a violation of that injunction triggers the mandatory remedy. Indiana's Child Support Bureau can pursue income withholding and license suspension without a contempt filing, this page does not cover changing support or the parenting-time schedule, and a safety risk should go through Indiana's protective order process instead.

Key decisions before you file

Before you file a Motion for Contempt in Indiana, 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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CAUSE NO. [CAUSE NUMBER]

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

IN THE [CIRCUIT OR SUPERIOR] COURT OF [COUNTY] COUNTY, INDIANA

VERIFIED MOTION FOR RULE TO SHOW CAUSE

Comes now [MOVANT NAME] ('Movant'), and moves this Court, under Indiana Code 34-47-3, for a Rule to Show Cause directing [RESPONDENT NAME] ('Respondent') to appear and show cause why Respondent should not be held in contempt of this Court's order, and states as follows.

ORDER VIOLATED. On [DATE THE ORDER WAS SIGNED], this Court entered an order in this cause requiring Respondent to [DESCRIPTION OF THE ORDER PROVISION]. The order commanded Respondent, in specific terms, to [SPECIFIC LANGUAGE OF THE ORDER ALLEGED TO HAVE BEEN VIOLATED].
KNOWLEDGE AND ABILITY. Respondent had knowledge of this order because Respondent [HOW RESPONDENT RECEIVED NOTICE OF THE ORDER, AND THE DATE], and Respondent had the ability to comply with it on each date listed below.
EACH VIOLATION. Respondent has failed to comply with the order as follows. a. On [DATE OF VIOLATION], Respondent failed to [DESCRIPTION OF THE ACT OR OMISSION], resulting in [AMOUNT OWED OR TIME MISSED]. b. On [DATE OF VIOLATION], Respondent failed to [DESCRIPTION OF THE ACT OR OMISSION], resulting in [AMOUNT OWED OR TIME MISSED]. c. [ADDITIONAL VIOLATION DATES, ACTS, AND AMOUNTS]
SUPPORT ARREARAGE. To the extent this motion seeks enforcement of child support, the order was entered on [DATE THE SUPPORT ORDER WAS ISSUED]; Respondent's payment history shows [SUMMARY OF PAYMENTS MADE AND MISSED]; and as of [DATE OF THIS MOTION], Respondent's arrearage totals [DOLLAR AMOUNT] for the period from [START DATE] through [END DATE].
NO JUSTIFICATION. Respondent's violations described above were willful and intentional, and were not the result of an inability to comply or an inability to pay.

WHEREFORE, Movant asks this Court to: a. issue a Rule to Show Cause directing Respondent to appear at a time and place this Court sets and show cause why Respondent should not be held in contempt; b. find Respondent in contempt of this Court's order for each violation described above; c. impose a sanction that coerces future compliance, with any period of confinement stating the specific purge condition on which Respondent may secure release, and ending immediately once Respondent complies; d. for a child support violation, order in the alternative that Respondent perform community restitution or seek employment; e. order Respondent to pay Movant's attorney fees and costs and any proven damages arising from the violations described above; and f. grant any other relief this Court finds just.

Movant does not ask this Court to modify the underlying order at this hearing. A change to the amount of support or to the custody or parenting-time schedule requires a separate request.

VERIFICATION

I swear or affirm, subject to the penalties for perjury, that the facts stated above are true to the best of my knowledge and belief.

[SIGNATURE OF MOVANT] [PRINTED NAME OF MOVANT] [ADDRESS] [CITY, INDIANA ZIP] [PHONE] [EMAIL]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a copy of this Verified Motion for Rule to Show Cause was served on [RESPONDENT NAME] by [METHOD OF SERVICE], with notice of the hearing given at least 5 days before the hearing date of [DATE OF HEARING] under Trial Rule 6(E), plus 3 additional days under Trial Rule 6(G) if served by mail.

[SIGNATURE] [NAME]

Indiana Requirements for Motion for Contempt

Verified Motion for Rule to Show Cause in the Same Cause
Indiana enforces a family order through a Verified Motion, or Petition, for Rule to Show Cause under Indiana Code 34-47-3-1 and 34-47-3-5, filed in the same cause number as the order being enforced rather than as a new case.
Statewide Self-Help Forms for Custody or Parenting Time Only
The Verified Petition for Rule to Show Cause Regarding Custody or Parenting Time (form CCA-DC-0518-1030) and the Order to Appear and Rule to Show Cause (form CCA-DC-0518-1031) cover only custody or parenting time contempt and are not adopted as mandatory; some counties publish their own local contempt forms. The statewide packet does not cover a child-support-only filing.
Facts Set Forth Clearly, Distinctly, and With Reasonable Certainty
The petition must clearly and distinctly set forth the facts alleged to constitute the contempt and specify the time and place with reasonable certainty, and must be verified by oath or affirmation before a rule to show cause may issue (Indiana Code 34-47-3-5(b), (d)).
Child Support Order to Show Cause Content Checklist
A child support order to show cause must state the contempt and failure-to-pay allegations, when the support order was issued, the party's payment history, the date, time, and place to show cause, and the arrearage (Indiana Code 31-16-12-6(c)).
Mail or E-Filing by the Party, Sheriff Service for Court-Issued Citations
No single provision settles how a party-filed motion must be served; the statewide self-help petition's certificate of service allows first class mail or the court's electronic filing system, so confirm the method with the court clerk. A citation or order to appear issued by the court itself must generally be served by the sheriff in the same manner as a summons, a rule Indiana Code 31-16-12-14(b) applies expressly to child support contempt (Indiana Code 34-47-4-1(c)).
Five-Day General Notice Period for Written Motions
Because contempt is initiated by verified motion, Indiana's general rule for written motions requires notice of the hearing at least 5 days before it is held, unless a different period is fixed by rule or court order (Trial Rule 6(E)).
Willfulness Burden on the Movant, Inability Defenses on the Respondent
The movant must show the accused party acted with willful and intentional disobedience of the order. Inability to obey and inability to pay are recognized defenses, but the burden of proving either falls on the accused party, not the movant.
Coercive-Only Contempt With No Fixed Jail Cap and a Mandatory Purge Condition
Indiana sets no fixed statutory day or hour cap on jail for this kind of contempt. Imprisonment is appropriate only when clearly coercive to compel compliance, cannot punish past conduct, and any order imposing jail must specify that the term ceases when the contemnor complies.
Child Support Escrow and 48-Hour Bench Warrant Hearing
If a party fails to respond to a child support order to show cause, Indiana Code 31-16-12-6.5 lets the court issue a bench warrant fixing an escrow of the full arrearage if under $500, or between $500 and 100% of the arrearage otherwise, and guarantees a hearing within 48 hours of arrest, excluding weekends and holidays, if the party cannot post it.

Find out where you stand in Indiana

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Indiana Requirements for Motion for Contempt

Verified Motion for Rule to Show Cause in the Same Cause

Statewide Self-Help Forms for Custody or Parenting Time Only

Facts Set Forth Clearly, Distinctly, and With Reasonable Certainty

Child Support Order to Show Cause Content Checklist

Mail or E-Filing by the Party, Sheriff Service for Court-Issued Citations

Five-Day General Notice Period for Written Motions

Willfulness Burden on the Movant, Inability Defenses on the Respondent

Coercive-Only Contempt With No Fixed Jail Cap and a Mandatory Purge Condition

Child Support Escrow and 48-Hour Bench Warrant Hearing

Frequently Asked Questions