What is a motion for contempt called in Iowa?

Iowa calls it an Application for Order to Show Cause, also called an application for rule to show cause, filed in the district court that issued the order under Iowa Code section 598.23(1) and the general contempt procedure in Iowa Code chapter 665.

How must the other parent be served in an Iowa contempt case?

Personally, with the order to show cause, unless the other party is already before the court (Iowa Code section 665.7). Iowa sets no fixed number of notice days before the hearing; the judge decides what amount of time is reasonable given the circumstances.

How long can someone go to jail for contempt in Iowa?

For a violation of a dissolution decree or custody order, up to 30 days in the county jail per offense under Iowa Code section 598.23(1). A support violation under Iowa Code section 598.23A can also bring a bond requirement, community service, or a license suspension in addition to jail exposure.

What defenses can stop an Iowa contempt finding?

The movant must prove beyond a reasonable doubt that the violation was willful. A parent who could not comply, or who shows the order itself was too indefinite to enforce, has a recognized defense. The parent raising inability to comply must produce evidence of it, but the movant keeps the ultimate burden of proving willfulness beyond a reasonable doubt.

Can an Iowa court order something other than jail for contempt?

Yes. Iowa Code section 598.23(2) lets the court skip jail and instead order make-up parenting time, transfer custody, direct exchanges through a neutral party or site, or send the parties to mediation to enforce a joint-custody provision.

Will the other parent have to pay my attorney's fees in an Iowa contempt case?

Only if the court actually finds the other party in default or contempt. Iowa Code section 598.24 allows the costs of the proceeding, including reasonable attorney's fees, to be taxed against that party once that finding is made; it is not automatic before then.

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

Often yes. Iowa Child Support Services, part of the Iowa Department of Health and Human Services, can pursue income withholding and other collection tools administratively, and can combine multiple support orders against one parent into a single contempt action if that step is needed.

Can an Iowa contempt hearing also change custody or the support amount?

In part. Under Iowa Code section 598.23(2), the court may, as a contempt remedy, modify visitation to make up for lost time or transfer custody. Changing the support amount is not among the statute's contempt remedies; that requires a separate filing, such as a modification request.

What if there is domestic violence in an Iowa contempt situation?

A current safety risk should be addressed through Iowa's protective order process rather than by confronting the other party directly or waiting for a contempt hearing to resolve it.

Iowa Motion for Contempt

Q: Does Iowa have an official contempt form?

No. Iowa Court Rules chapter 17 lists the statewide forms self-represented litigants must use, but the only contempt-affidavit forms in that chapter cover violations of a civil protective order, not a divorce, custody, or support decree. A filer bringing a decree contempt application drafts the application and its affidavit directly.

There is no statewide form to fill out, so the filer drafts the application and sworn affidavit directly under the general contempt statute, and jail for a decree violation is capped at 30 days per offense.

Find out where you stand in Iowa

What court order is not being followed?

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Introduction

Iowa does not have a form called a 'motion for contempt,' and the district court has adopted no mandatory statewide form for a dissolution, custody, or support contempt filing at all. To enforce a family court order in Iowa, a parent or former spouse files an Application for Order to Show Cause, also called an application for rule to show cause, in the district court that issued the order, asking the court to require the other party to explain why they should not be held in contempt under Iowa Code section 598.23(1) and the general contempt procedure in Iowa Code chapter 665. Iowa Court Rules chapter 17 lists statewide self-represented-litigant forms, but the only contempt-affidavit forms in that chapter cover violations of a civil protective order, not a divorce or custody decree, so a filer preparing a dissolution or support contempt application drafts the application and its supporting affidavit directly. The affidavit is required by statute unless the contempt happened in the court's presence or is already known to the court, and it must state the nature of the violation. Before the court can punish for contempt, the other party must be personally served with the order to show cause and given a reasonable time to respond, unless that party is already before the court; Iowa law sets no fixed number of notice days, leaving the amount of time to the judge. The other party may also file a written explanation of their conduct under oath, which the court keeps on file. If the court finds a willful violation of a decree provision, it can jail the violator for up to 30 days per offense, though contempt of a support order carries additional sanctions, including a short deadline to post a bond covering the arrearage and future support, community service, and a possible license suspension. The court also has the option to skip jail entirely and instead order make-up parenting time, transfer custody, or send the parties to mediation. A contempt finding and any jail time are never automatic: the movant must prove beyond a reasonable doubt that the violation was willful, and the other party can raise a defense by producing evidence of an inability to comply. Do not withhold court-ordered support because parenting time was denied, and do not deny parenting time because support is unpaid; either 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 this motion. For unpaid child support, Iowa Child Support Services can pursue income withholding and other collection tools without a new contempt filing. Attorney review is available before filing.

Key Things to Know

1
Iowa calls this an Application for Order to Show Cause, also called an application for rule to show cause, filed under Iowa Code section 598.23(1) and the general contempt procedure in Iowa Code chapter 665. Iowa has no mandatory statewide contempt form for a dissolution, custody, or support case; the only forms in Iowa Court Rules chapter 17 cover protective-order contempt, so the filer drafts the application and affidavit.
2
The other party must be personally served with the order to show cause and given a reasonable time to respond, unless already before the court (Iowa Code section 665.7). Iowa sets no fixed number of notice days before the hearing; the judge decides what is reasonable. The other party may also file a written explanation of their conduct under oath.
3
An affidavit stating the nature of the violation is required by statute unless the contempt happened in the court's presence or is already known to the court (Iowa Code section 665.6). For a support violation, the affidavit should itemize each missed payment and the resulting arrearage.
4
The movant must prove beyond a reasonable doubt that the violation was willful. A parent or former spouse who could not comply, or who shows the order was too indefinite to enforce, has a recognized defense. The other party must come forward with evidence of the inability to comply, but the movant keeps the burden of proving willfulness beyond a reasonable doubt throughout.
5
Contempt of a decree provision under Iowa Code section 598.23(1) is punishable by up to 30 days in jail per offense. A support violation under Iowa Code section 598.23A also lets the court require a bond, within 7 calendar days, covering the arrearage plus 12 months of future support, up to 20 hours a week of community service for 6 weeks, or a license suspension.
6
Do not withhold court-ordered support because parenting time was denied, and do not deny parenting time because support is unpaid. Doing either is not a lawful response and can itself be treated as contempt.
7
Iowa Code section 598.23(2) lets the court skip jail and instead order make-up parenting time, a custody transfer, neutral-site exchanges, or mediation. If the court finds a party in default or contempt, it may also tax that party with costs and reasonable attorney's fees (Iowa Code section 598.24). For unpaid support, Iowa Child Support Services can pursue income withholding and other collection tools without a new contempt filing.

Key decisions before you file

Before you file a Motion for Contempt in Iowa, 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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IN THE IOWA DISTRICT COURT FOR [COUNTY] COUNTY

IN RE THE MARRIAGE OF [YOUR NAME] AND [OTHER PARTY NAME]

Case No. [CASE NUMBER]

APPLICATION FOR ORDER TO SHOW CAUSE AND SUPPORTING AFFIDAVIT

Iowa has no official statewide form for this application. This document and its affidavit are prepared under Iowa Code sections 598.23 and 665.6 through 665.7 for filing in the district court that issued the order described below.

Applicant [YOUR NAME] states:

ORDER VIOLATED. On [DATE OF ORDER], this court entered a [DECREE OF DISSOLUTION, CUSTODY ORDER, OR TEMPORARY ORDER] requiring [OTHER PARTY NAME] to [DESCRIPTION OF THE ORDER PROVISION, INCLUDING THE AMOUNT OR ACT REQUIRED].
KNOWLEDGE OF THE ORDER. [OTHER PARTY NAME] knew of this order because [OTHER PARTY NAME] was [PRESENT IN COURT, SERVED WITH A COPY, OR SIGNED A STIPULATION], on or before [DATE].
EACH VIOLATION. a. On [DATE OF FIRST VIOLATION], [OTHER PARTY NAME] failed to [DESCRIPTION OF THE ACT OR OMISSION], resulting in [AMOUNT OWED OR TIME MISSED]. b. On [DATE OF SECOND VIOLATION], [OTHER PARTY NAME] failed to [DESCRIPTION OF THE ACT OR OMISSION], resulting in [AMOUNT OWED OR TIME MISSED]. c. [ADDITIONAL VIOLATION DATES AND AMOUNTS]
ARREARAGE. If this application concerns support, as of [DATE OF THIS APPLICATION], [OTHER PARTY NAME] owes unpaid support of [DOLLAR AMOUNT] for the period from [START DATE] through [END DATE].
WILLFULNESS. [OTHER PARTY NAME] was able to comply with the order described above and failed to do so without justification or excuse.
RELIEF REQUESTED. Applicant asks the court to: a. Issue an order directing [OTHER PARTY NAME] to appear and show cause why [OTHER PARTY NAME] should not be held in contempt; b. Find [OTHER PARTY NAME] in contempt for the violations described above; c. Impose the sanction the court finds appropriate under Iowa law, which may include jail time, a bond, community service, a license restriction, or a change to future parenting time; d. Tax the costs of this proceeding, including reasonable attorney's fees, against [OTHER PARTY NAME] under Iowa Code section 598.24; e. Grant any other relief the court finds proper.

AFFIDAVIT

I, [YOUR NAME], state under oath that I have read this application, that I have personal knowledge of the facts stated in it, and that those facts are true.

[SIGNATURE OF APPLICANT] [PRINTED NAME OF APPLICANT]

Subscribed and sworn to before me on [DATE OF SIGNING].

[NOTARY SIGNATURE AND SEAL]

INSTRUCTIONS FOR SERVICE

After the court sets a hearing date, [OTHER PARTY NAME] must be personally served with the signed order to show cause and this affidavit, unless [OTHER PARTY NAME] is already before the court. [OTHER PARTY NAME] may also file a written explanation of their conduct under oath.

Iowa Requirements for Motion for Contempt

No Mandatory Statewide Contempt Form
Iowa Court Rules chapter 17 lists mandatory statewide forms for self-represented litigants, but the only contempt-affidavit forms in that chapter cover protective-order violations, not a dissolution, custody, or support decree. A filer preparing a decree contempt application drafts the application and affidavit directly under Iowa Code sections 598.23 and 665.6 through 665.7.
Personal Service With a Reasonable Time to Respond
The other party must be personally served with the order to show cause and given a reasonable time to respond, unless already before the court. Iowa Code section 665.7 sets no fixed number of notice days; the court sets the response period.
Sworn Affidavit Stating the Violation
An affidavit showing the nature of the transaction is required as a basis for the application unless the contempt occurred in the court's presence or is already known to it (Iowa Code section 665.6).
30-Day Jail Cap Per Offense for Decree Contempt
Contempt of a dissolution decree or custody order under Iowa Code section 598.23(1) is punishable by commitment to the county jail for not more than 30 days for each offense.
Support-Specific Bond, Community Service, and License Sanctions
For support contempt under Iowa Code section 598.23A, the court may require a cash bond within 7 calendar days equal to the arrearage plus 12 months of future support, up to 20 hours a week of community service for 6 weeks per finding, or an injunction against an occupational, professional, or driving license. A hardship exception requires a payment agreement, and reinstatement requires 10 days' notice to the support recipient or Iowa Child Support Services and no objection.
Ability-to-Pay and Indefiniteness Defense, Beyond a Reasonable Doubt Burden
The movant must prove a willful violation beyond a reasonable doubt because contempt is quasi-criminal. A failure to comply is not willful if the contemnor shows the order was too indefinite to enforce or that compliance was not possible.
Discretionary Fee-Shifting Only After a Finding of Default or Contempt
The court may tax the costs of the proceeding, including reasonable attorney's fees, against a party only after the court determines that party is in default or contempt of the decree (Iowa Code section 598.24).
Non-Jail Custody and Visitation Remedies Built Into the Statute
Iowa Code section 598.23(2) lets the court, instead of or along with punishing for contempt, modify visitation to compensate for lost time, transfer custody, direct contact through a neutral party or site, or order mediation to enforce a joint-custody provision.
What the Application Covers
Iowa Code does not itemize the contents of a contempt application; section 665.6 requires an affidavit showing the nature of the transaction. In practice, the application identifies the order or decree provision disobeyed and the facts showing the violation was willful, and a support affidavit itemizes the missed payments and arrearage.

Find out where you stand in Iowa

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Iowa Requirements for Motion for Contempt

No Mandatory Statewide Contempt Form

Personal Service With a Reasonable Time to Respond

Sworn Affidavit Stating the Violation

30-Day Jail Cap Per Offense for Decree Contempt

Support-Specific Bond, Community Service, and License Sanctions

Ability-to-Pay and Indefiniteness Defense, Beyond a Reasonable Doubt Burden

Discretionary Fee-Shifting Only After a Finding of Default or Contempt

Non-Jail Custody and Visitation Remedies Built Into the Statute

What the Application Covers

Frequently Asked Questions