What is a motion for contempt called in Kentucky?

Kentucky calls it a Motion for Contempt, filed under KRS 403.240 together with a separate sworn Affidavit describing the noncompliance. It is filed in the same family case, in the Family Court Division of Circuit Court where the county has one, or in Circuit Court itself where it does not.

Does Kentucky have an official form for a motion for contempt?

No. Kentucky's Administrative Office of the Courts has not adopted a numbered statewide form for this motion. Some circuit clerks provide a local template, and regional legal aid programs publish non-mandatory pro se packets, but whatever form is used, the court's own local template or rule controls if one exists.

How much notice does a Kentucky contempt motion require before the hearing?

The notice period before a show cause hearing may be set by the Kentucky Rules of Civil Procedure, the Family Court Rules, or local practice, so confirm the deadline with the circuit clerk before scheduling anything. The initial motion is typically served by mail to the other party's last known address.

Can a Kentucky court order jail time for contempt without a hearing?

Jail is never automatic in Kentucky. The court decides whether the other party violated a valid order without good cause, and if it does not rule on the motion as filed, it orders the other party to appear at a show cause hearing. Kentucky's contempt statute, KRS 403.240(2), directs the court to remedy the failure to comply but does not set a specific jail term, and the court keeps discretion over the remedy.

What defenses can stop a Kentucky contempt finding?

For a denied-visitation motion, KRS 403.240(3) recognizes mutual consent, a reasonable belief of endangerment, or extraordinary circumstances as good cause. For support or a property term, the respondent can raise an inability to comply, though Kentucky's contempt statute does not enumerate that defense in the same detail for those categories.

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

Only by statute for denied visitation: KRS 403.240(4) lets the court award attorney's fees to the parent who wins when no reasonable cause is found for denying parenting time. For support or property contempt, a fee request instead relies on Kentucky's general dissolution cost statute, KRS 403.220.

What happens if a Kentucky parent withholds child support because the other parent denied parenting time?

It is not a lawful response. KRS 403.240(1) keeps each party's own support and visitation obligations in force regardless of what the other party does, and it can itself become the basis for a contempt finding against the parent who does it, in either direction.

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

Often yes. Kentucky's Department of Child Support Services, part of the Office of the Attorney General since July 1, 2025, can order income withholding, mandatory once support is being enforced through the agency, along with other collection tools, without a contempt hearing.

Can a Kentucky contempt hearing also change custody or the support amount?

A contempt motion asks whether the existing order was violated. Changing the support amount or the custody and visitation schedule is handled through a separate filing, such as a child support modification or a parenting plan change.

What if there is domestic violence in a Kentucky contempt case?

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

Kentucky Motion for Contempt

One short statute covers support, visitation, and property terms alike, but only visitation gets an enumerated good cause defense and its own fee-shifting rule, and no state form exists for any of it.

Find out where you stand in Kentucky

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Introduction

Kentucky enforces a family court order for support, parenting time, or a property term through a Motion for Contempt filed under KRS 403.240, in the Family Court Division of Circuit Court where a county has one, or in Circuit Court itself where it does not. Kentucky has no mandatory statewide contempt form: the Administrative Office of the Courts has not adopted a numbered form for this instrument, so filers should check whether their circuit clerk has a local template, or use a non-mandatory pro se packet from a regional legal aid program, before filing. Whatever form is used, the motion is filed together with a separate, notarized affidavit that identifies the order violated and describes the noncompliance. The notice period before a show cause hearing may be set by the Kentucky Rules of Civil Procedure, the Family Court Rules, or local practice. Practice is to serve the initial motion by mail to the other party's last known address, but an order that compels the other party to personally appear is typically served on them in person, and failing to appear can lead to an arrest warrant; confirm the notice period and service method with the circuit clerk before filing. KRS 403.240(2) says only that noncompliance without good cause is contempt and that the court shall remedy the failure to comply; the statute does not itself set a jail term or fine amount for this kind of family court contempt or spell out make-up parenting time, leaving the specific remedy to the judge. A contempt finding and jail are never automatic: the movant must show a valid order and noncompliance, and the other party can raise good cause, including an inability to comply, as a defense. For visitation specifically, KRS 403.240(3) lists good cause as mutual consent, a reasonable belief of endangerment to the child or either party, or extraordinary circumstances, and KRS 403.240(4) lets the court award attorney's fees to the parent who wins a denied-visitation contempt motion; neither provision extends to support or property disputes by its own terms. Do not withhold child support because parenting time was denied, and do not deny parenting time because support is unpaid; KRS 403.240(1) keeps each party's own obligations in force regardless of the other's noncompliance, and either move can itself become contempt. This page does not cover changing the amount of support or the custody and visitation schedule; that requires a separate filing. For unpaid child support, Kentucky's Department of Child Support Services, now part of the Office of the Attorney General as of July 1, 2025, can pursue mandatory income withholding and other collection tools without a contempt hearing. If domestic violence or a safety risk is involved, use Kentucky's restraining order process instead of confronting the other party. Attorney review is available before filing.

Key Things to Know

1
Kentucky calls this a Motion for Contempt, filed under KRS 403.240 and paired with a separate sworn Affidavit. There is no mandatory statewide form: the Administrative Office of the Courts has not adopted one, so check whether your circuit or family court clerk has a local template before filing.
2
The notice period before a show cause hearing may be set by the Kentucky Rules of Civil Procedure, the Family Court Rules, or local practice. Practice is to serve the initial motion by mail to the other party's last known address, but an order compelling the other party to personally appear is typically served on them personally, and failing to appear can lead to an arrest warrant. Confirm the deadline and service method with the circuit clerk.
3
The trigger for contempt is KRS 403.240(2): failing, without good cause, to comply with a provision of a decree, temporary order, or injunction, covering support, visitation, and property terms alike. The statute directs only that the court shall remedy the failure to comply; it does not spell out a specific sanction.
4
For visitation, KRS 403.240(3) lists good cause as mutual consent, a reasonable belief of endangerment to the child or either party, or extraordinary circumstances. For support or a property term, an inability to comply is a recognized defense, but the respondent must raise and support it; the movant does not have to disprove it in advance.
5
Do not withhold child support because parenting time was denied, and do not deny parenting time because support is unpaid. KRS 403.240(1) keeps each party's own obligations in force regardless of what the other party does, and either move can itself be treated as contempt.
6
KRS 403.240 does not itself set a jail term or fine amount for this kind of family court contempt, or spell out make-up parenting time; the remedy is left to the judge. KRS 403.240(4) addresses attorney's fees only for a denied-visitation motion, letting the court award fees to the parent who wins; other fee requests rely on the general dissolution cost statute, KRS 403.220.
7
For unpaid child support, Kentucky's Department of Child Support Services, now part of the Office of the Attorney General as of July 1, 2025, can pursue mandatory income withholding and other collection tools without a contempt filing. This page does not cover changing the support amount or the custody and visitation schedule, and a domestic violence or safety concern should go through Kentucky's restraining order process instead.

Key decisions before you file

Before you file a Motion for Contempt in Kentucky, 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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MOTION AND AFFIDAVIT FOR CONTEMPT

COMMONWEALTH OF KENTUCKY [COUNTY] CIRCUIT COURT [DIVISION NAME OR NUMBER] CIVIL ACTION NO. [CASE NUMBER]

[PETITIONER NAME], Movant v. [RESPONDENT NAME], Respondent

MOTION FOR CONTEMPT

Movant, [PETITIONER NAME], moves this Court under KRS 403.240 for an order finding Respondent, [RESPONDENT NAME], in contempt of court, and states:

On [DATE OF ORDER], this Court entered an order in this action requiring Respondent to [DESCRIPTION OF WHAT THE ORDER REQUIRED, INCLUDING THE AMOUNT OR ACT].
Respondent has failed to comply with this order as follows: a. On [DATE OF VIOLATION], Respondent failed to [DESCRIPTION OF THE FAILURE TO COMPLY, INCLUDING ANY AMOUNT OWED OR TIME MISSED]. b. On [DATE OF VIOLATION], Respondent failed to [DESCRIPTION OF THE FAILURE TO COMPLY]. c. [ADDITIONAL DATES AND AMOUNTS, IF ANY].
Respondent's noncompliance was without good cause and was willful.
Movant has continued to comply with Movant's own obligations under the order.
Movant asks this Court to find Respondent in contempt, to remedy the failure to comply under KRS 403.240(2), and to grant any other relief the Court finds appropriate, including attorney's fees where the law allows.

WHEREFORE, Movant asks this Court to direct Respondent to appear and show cause why Respondent should not be held in contempt, to find Respondent in contempt on the grounds stated above, and to grant any other relief this Court deems proper.

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

AFFIDAVIT

COMMONWEALTH OF KENTUCKY COUNTY OF [COUNTY]

I, [PETITIONER NAME], being first duly sworn, state that I am the Movant in this action, that Respondent has failed to comply with the order entered by this Court on [DATE OF ORDER] as described in the foregoing Motion, and that the statements in the Motion are true to the best of my knowledge and belief.

[SIGNATURE OF AFFIANT] [PRINTED NAME OF AFFIANT]

Subscribed and sworn to before me by [PRINTED NAME OF AFFIANT] on [DATE OF SIGNING].

[SIGNATURE OF NOTARY PUBLIC] My commission expires: [DATE COMMISSION EXPIRES]

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing Motion and Affidavit for Contempt was served on Respondent by mailing same to Respondent by first class mail, postage prepaid, to Respondent's last known address, [RESPONDENT ADDRESS], on [DATE OF SERVICE].

[SIGNATURE] [PRINTED NAME]

Kentucky Requirements for Motion for Contempt

No Mandatory Statewide Contempt Form
Kentucky's Administrative Office of the Courts has not adopted a numbered form for a family court contempt motion. Filers should check whether their circuit or family court clerk has a local template, since practice and any available form vary by county.
Single Contempt Trigger Under KRS 403.240(2)
Noncompliance without good cause with any provision of a decree, temporary order, or injunction, including support, visitation, or a property term, constitutes contempt, and the court shall remedy the failure to comply.
Visitation-Only Statutory Good Cause Defense
KRS 403.240(3) lists good cause not to comply with a visitation provision as mutual consent of the parties, a reasonable belief of endangerment to the child or either party's safety, or extraordinary circumstances as determined by the court. This enumerated defense applies to visitation, not support or property terms, by its own text.
Confirm the Notice Period Before a Show Cause Hearing
The minimum notice before a contempt or show cause hearing may be set by the Kentucky Rules of Civil Procedure, the Family Court Rules of Procedure and Practice, or local practice. Confirm the notice deadline and service method with the circuit or family court clerk before filing.
No Jail or Fine Amount Set in KRS 403.240
KRS 403.240(2) directs the court to remedy the failure to comply without setting a day or dollar amount for jail or fines, and KRS 432.280 preserves the court's inherent power to punish disobedience of a judicial order; the specific remedy is left to the court's discretion.
Visitation-Only Attorney Fee Shifting
KRS 403.240(4) lets the court award attorney's fees to the prevailing party only when no reasonable cause is found for denial of visitation. Support and property contempt fee requests instead rely on the general dissolution cost statute, KRS 403.220.
Each Party's Obligations Continue Regardless of the Other's Noncompliance
KRS 403.240(1) provides that one party's noncompliance does not suspend the other party's own obligation to pay support or permit visitation; the remedy for the other party's violation is a motion to the court, not self-help.
Motion Filed With a Separate Sworn Affidavit
Kentucky practice pairs the contempt motion with a separate affidavit, signed and sworn before a notary public, identifying the order violated and describing the noncompliance.
Child Support Enforcement Moved to the Attorney General
Effective July 1, 2025, Kentucky's Title IV-D child support program moved from the Cabinet for Health and Family Services to the Department of Child Support Services within the Office of the Attorney General, which must provide for income withholding beginning immediately once a support order is being enforced through the agency.

Find out where you stand in Kentucky

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Kentucky Requirements for Motion for Contempt

No Mandatory Statewide Contempt Form

Single Contempt Trigger Under KRS 403.240(2)

Visitation-Only Statutory Good Cause Defense

Confirm the Notice Period Before a Show Cause Hearing

No Jail or Fine Amount Set in KRS 403.240

Visitation-Only Attorney Fee Shifting

Each Party's Obligations Continue Regardless of the Other's Noncompliance

Motion Filed With a Separate Sworn Affidavit

Child Support Enforcement Moved to the Attorney General

Frequently Asked Questions