What is a motion for contempt called in Kansas?

Kansas calls it a Motion for an Order to Appear and Show Cause, the procedure for indirect civil contempt under K.S.A. 20-1204a. There is no statewide contempt form, so check with your district court clerk for a local packet before filing.

Is there an official Kansas form for a contempt motion?

No. Kansas has no statewide, mandatory motion or affidavit form for indirect contempt of a family court order. The Kansas Judicial Council's Motion to Enforce Parenting Time is not a contempt form; it implements a separate procedure under K.S.A. 23-3401 for denied parenting time only. Some districts publish their own local contempt forms, so ask the clerk.

How many days of notice does a Kansas contempt hearing require?

Kansas has no statewide statute setting a minimum number of days of notice between service and the show cause hearing. The court's own order sets the hearing date, so read it carefully and confirm the timeline with the clerk.

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

Jail is not automatic and not something the filer decides. Kansas law sets no statutory cap on the fine or jail time for indirect contempt; the statute leaves punishment to the court's judgment, and the court may, upon a proper showing, extend the time to give the other parent a reasonable opportunity to purge the contempt by complying.

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

Kansas's contempt statute does not name an inability-to-pay defense, but the same law lets the court, upon a proper showing, extend the time to give the accused a reasonable opportunity to purge the contempt, meaning comply, before punishing. If you are accused and genuinely could not pay, tell the court and bring proof of your circumstances.

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

Yes. K.S.A. 23-3401 creates a separate expedited procedure for denied parenting time that does not require proving contempt. The court must hold a hearing within 21 days of filing and reach a final decision within 45 days, and can order make-up parenting time, a bond, or attorney fees.

What extra penalties apply to child support contempt in Kansas?

Beyond the general fine or jail time the court may order, Kansas law lets the court notify a licensed parent's professional licensing board of a child support contempt finding, and if the arrears equal 6 months of support or more, or the parent has substantially failed to pay court-ordered arrears, the court may restrict their driver's license.

Kansas Motion for Contempt

Q: Does Kansas require personal service for a contempt motion?

Yes. The order to appear and show cause, along with a copy of your affidavit, must be personally served on the other parent by the sheriff or another person the court appoints. If the other parent evades service or fails to appear, the court can issue a bench warrant.

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

Yes. The Kansas Department for Children and Families' Child Support Services can pursue income withholding, and once past-due support in a title IV-D case reaches $500, an administrative driver's, professional, or recreational license restriction, all without a contempt filing.

Kansas leaves jail time and fines for contempt entirely to the judge, with no statutory cap and no statewide contempt form to fill out.

Find out where you stand in Kansas

What court order is not being followed?

DocDraft provides document preparation, not legal advice.

Introduction

Kansas enforces a family court order through a Motion for an Order to Appear and Show Cause, the state's procedure for indirect civil contempt under K.S.A. 20-1204a, filed in the same district court case that issued the order. Kansas has no statewide contempt form; contempt filings are handled through county-level paperwork, and the sworn affidavit that must accompany the motion is left to the movant to draft, so check with your district court clerk for any local packet. The Kansas Judicial Council does publish a Motion to Enforce Parenting Time, but do not confuse this with a contempt motion: that form implements a separate, faster procedure under K.S.A. 23-3401 for denied parenting time only, and does not require proving willful contempt. Once you file the motion and affidavit, the court may issue an order to appear and show cause, which must be personally served on the other parent by the sheriff or another person the court appoints, along with a copy of your affidavit; if the other parent evades service or fails to appear, the court can issue a bench warrant. Kansas sets no statewide minimum number of days of notice between service and the hearing; the court's own order states the hearing date, so read it carefully and confirm the timeline with the clerk. If the court finds contempt, Kansas law does not set a statutory cap on the fine or jail time; the statute says only that the court punishes as it directs, and it may, upon a proper showing, extend the time to give the other parent a reasonable opportunity to purge the contempt, meaning comply and avoid the punishment. In a child support case, the court can also notify the other parent's professional licensing board of the contempt finding, and if the arrears equal 6 months of support or more, or the other parent has substantially failed to pay court-ordered arrears, the court may restrict their driver's license. Many districts route family support enforcement through a court trustee, a licensed attorney with independent authority to pursue collection, and the Kansas Department for Children and Families' Child Support Services can pursue income withholding and, once past-due support in a title IV-D case reaches $500, an administrative driver's, professional, or recreational license restriction, without a contempt filing. For parenting time interference alone, the expedited procedure under K.S.A. 23-3401 sets a hearing within 21 days of filing and a final decision within 45 days, and can award make-up parenting time, a bond, or attorney fees, which may be faster than proving contempt. Filing this motion does not mean the other parent goes to jail: the court decides whether contempt occurred and what happens next. Do not withhold 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. This page does not cover modifying support or a parenting plan; 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
Kansas calls this a Motion for an Order to Appear and Show Cause, the state's procedure for indirect civil contempt under K.S.A. 20-1204a. There is no statewide contempt form; check with your district court clerk for any local packet. The Kansas Judicial Council's Motion to Enforce Parenting Time is not a contempt form: it implements a separate, faster procedure under K.S.A. 23-3401 for denied parenting time only.
2
The order to appear and show cause must be personally served on the other parent, by the sheriff or another person the court appoints, along with a copy of your affidavit. If the other parent evades service or fails to appear, the court can issue a bench warrant.
3
Kansas sets no statewide minimum number of days of notice between service and the show cause hearing. The court's own order states the hearing date, so read it carefully and confirm the timeline with the clerk.
4
If the court finds contempt, Kansas law sets no statutory cap on the fine or jail time; the statute says only that the court punishes as it directs. The court may also, upon a proper showing, extend the time to give the other parent a reasonable opportunity to purge the contempt, meaning comply and avoid the punishment.
5
In a child support case, the court can notify the other parent's professional licensing board of a contempt finding, and if the arrears equal 6 months of support or more, or the other parent has substantially failed to pay court-ordered arrears, the court may restrict their driver's license.
6
Kansas's contempt statute does not name an inability-to-pay defense. It does let the court, upon a proper showing, extend the time to give the accused a reasonable opportunity to purge the contempt by complying. If you are ever the one accused and could not pay because of a real hardship, tell the court and bring proof.
7
Do not withhold 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 Kansas Department for Children and Families' Child Support Services can pursue income withholding without a contempt filing, and for parenting time interference alone, the K.S.A. 23-3401 expedited procedure, with a hearing within 21 days and a decision within 45 days, may be faster than proving contempt. This page does not cover modifying support or a parenting plan; see DocDraft's child support modification and parenting plan pages. 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 Kansas, 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 DISTRICT COURT OF [COUNTY] COUNTY, KANSAS [JUDICIAL DISTRICT] JUDICIAL DISTRICT

IN THE MATTER OF THE MARRIAGE OF [YOUR FULL NAME], Petitioner/Movant, and [OTHER PARENT'S FULL NAME], Respondent.

Case No. [CASE NUMBER] Division [DIVISION NUMBER]

MOTION FOR AN ORDER TO APPEAR AND SHOW CAUSE

COMES NOW [YOUR FULL NAME], Movant, and pursuant to K.S.A. 20-1204a moves this Court for an order directing [OTHER PARENT'S FULL NAME], Respondent, to appear and show cause why Respondent should not be held in indirect contempt of this Court's order, and in support states:

On [DATE OF ORDER], this Court entered an order in this case requiring Respondent to [ORDER PROVISION AT ISSUE].
Respondent has failed to comply with that order as follows: a. [DATE OF VIOLATION]: [SPECIFIC VIOLATION AND ANY UNPAID AMOUNT] b. [DATE OF VIOLATION]: [SPECIFIC VIOLATION AND ANY UNPAID AMOUNT]
As of the date of this motion, Respondent owes unpaid support of [DOLLAR AMOUNT] for the period from [START DATE] through [END DATE], or has otherwise failed to comply as described above.
This motion is accompanied by Movant's affidavit specifically setting forth the facts constituting the alleged violation, as required by K.S.A. 20-1204a(a).

WHEREFORE, Movant asks this Court to: a. Issue an order directing Respondent to appear on a date this Court sets and show cause why Respondent should not be held in contempt of this Court's order; b. Find Respondent in contempt if Respondent cannot show good cause for the noncompliance described above; c. Order Respondent to pay the unpaid support or otherwise comply with the order described above; d. Grant any other relief this Court deems just.

Respectfully submitted,

[SIGNATURE] [YOUR FULL NAME] [ADDRESS] [CITY, KANSAS ZIP] [PHONE] [EMAIL]

AFFIDAVIT IN SUPPORT OF MOTION FOR AN ORDER TO APPEAR AND SHOW CAUSE

STATE OF KANSAS ) ) ss. COUNTY OF [COUNTY])

I, [YOUR FULL NAME], being first duly sworn upon oath, state:

I am the Movant in this action and have personal knowledge of the facts stated below.
Respondent had knowledge of this Court's order dated [DATE OF ORDER] and had the ability to comply with it.
Respondent violated that order as follows: a. [DATE OF VIOLATION]: [SPECIFIC VIOLATION AND ANY UNPAID AMOUNT] b. [DATE OF VIOLATION]: [SPECIFIC VIOLATION AND ANY UNPAID AMOUNT]
The statements above are true and correct to the best of my knowledge, information, and belief.

FURTHER AFFIANT SAYETH NOT.

[SIGNATURE] [YOUR FULL NAME]

Subscribed and sworn to before me this [DAY] day of [MONTH], [YEAR].

[NOTARY SIGNATURE AND SEAL]

Kansas Requirements for Motion for Contempt

Motion for an Order to Appear and Show Cause, No Statewide Form
Kansas enforces family court orders through a Motion for an Order to Appear and Show Cause for indirect civil contempt under K.S.A. 20-1204a. No statewide, mandatory contempt form exists; contempt paperwork is handled at the county level, so check with the district court clerk for any local packet.
Motion to Enforce Parenting Time Is Not a Contempt Form
The Kansas Judicial Council publishes a Motion to Enforce Parenting Time, but it implements the separate, non-contempt expedited procedure under K.S.A. 23-3401 for denied parenting time, not the indirect contempt process under K.S.A. 20-1204a.
Personal Service by Sheriff or Court-Appointed Person
The order to appear and show cause must be served on the alleged contemnor by the sheriff or another person the court appoints, along with a copy of the supporting affidavit (K.S.A. 20-1204a(b)). The court may issue a bench warrant if the person evades service or fails to appear.
No Statewide Minimum Notice Period
K.S.A. 20-1204a sets no statutory minimum number of days between service of the order to appear and the show cause hearing; the hearing date is set by the issuing court's own order and local practice.
No Statutory Cap on Fine or Jail Time
K.S.A. 20-1204a(b) sets no statutory cap on the fine or jail time for indirect contempt; a person found guilty is punished as the court directs, and the court may, upon a proper showing, extend the time to give a reasonable opportunity to purge the contempt.
Child Support Contempt License Sanctions
In a child support enforcement contempt, K.S.A. 20-1204a(f) lets the court notify a licensed contemnor's professional licensing body, and K.S.A. 20-1204a(g) lets the court restrict the contemnor's driver's license if arrears equal 6 months of support or more, or the contemnor has substantially failed to pay court-ordered arrears.
Sworn Affidavit Required With the Motion
The show cause order may issue only if the motion is accompanied by an affidavit specifically setting forth the facts constituting the alleged violation of the prior order (K.S.A. 20-1204a(a)).
Identify the Order, Violations, and Requested Relief
The motion should identify the prior order allegedly violated and its date, describe the noncompliance, and request an order directing the other parent to appear and show cause; the facts of the violation must be set out specifically in the sworn affidavit.
Order to Appear Is Served After It Issues
After the court issues the order to appear and show cause, K.S.A. 20-1204a(b) requires it to be served on the other parent by the sheriff or another person the court appoints, with a copy of the affidavit; the order states the time and place to appear.

Find out where you stand in Kansas

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Kansas Requirements for Motion for Contempt

Motion for an Order to Appear and Show Cause, No Statewide Form

Motion to Enforce Parenting Time Is Not a Contempt Form

Personal Service by Sheriff or Court-Appointed Person

No Statewide Minimum Notice Period

No Statutory Cap on Fine or Jail Time

Child Support Contempt License Sanctions

Sworn Affidavit Required With the Motion

Identify the Order, Violations, and Requested Relief

Order to Appear Is Served After It Issues

Frequently Asked Questions