Maine Motion for Contempt
The moving party, not the other parent, must prove by clear and convincing evidence that the other parent had the ability to obey, and coercive jail time is not capped by any set number of days.
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Introduction
Maine calls this a Motion for Contempt, Rule 66, filed on Maine Judicial Branch Form FM-068 in the same family case that produced the order being enforced, along with the Family and Probate Matter Summary Sheet (Form FM-002) and the Social Security Number Confidential Disclosure Form (Form CR-CV-FM-PC-200). The Maine judiciary also offers a lighter-weight Motion to Enforce on Form FM-070, which does not require proving willfulness or ability to comply and can lead the court to refer the parties to mediation instead of a contested hearing; a filer with a weaker record of willful violation may want to start there. Once a Motion for Contempt is filed, a contempt subpoena must be obtained from the clerk (only the clerk's original, signed and sealed copy may be used) and served in hand on the other party by a sheriff or other officer qualified to serve civil process, not by the filer, no less than 10 days before the hearing. The other party may file a written response within 21 days of being served. At the hearing, the moving party carries the burden on every element, including proving by clear and convincing evidence that the other party had the ability to obey the order and willfully did not; a contempt finding and jail are never automatic, and this ability-to-comply showing being on the movant, rather than being the other party's defense to disprove, is one of the more distinctive features of Maine's procedure. Do not withhold support because parenting time was denied, and do not deny parenting time because support is unpaid; either can itself be treated as contempt. If domestic violence or a safety risk is involved, use Maine's protective order process rather than confronting the other party. This page does not cover changing the amount of support or the custody schedule; that requires a separate modification request. For unpaid child support, Maine's Division of Support Enforcement and Recovery (DSER) can pursue administrative collection, including license suspension, without a contempt hearing. The court's own form controls what is filed. Attorney review is available before filing.
Key Things to Know
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Maine calls this a Motion for Contempt, Rule 66, filed on Form FM-068 along with the Family and Probate Matter Summary Sheet (Form FM-002) and the Social Security Number Confidential Disclosure Form (Form CR-CV-FM-PC-200). A lighter Motion to Enforce, Form FM-070, is available instead and does not require proving willfulness or ability to comply.
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A contempt subpoena must be obtained from the clerk, since only the clerk's original signed and sealed copy may be used, and it must be served in hand on the other party by a sheriff or other officer qualified to serve civil process, at least 10 days before the hearing unless the court orders a shorter time. The filer cannot serve the papers.
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The other party may file a written response within 21 days of being served with the motion.
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The moving party, not the other party, must prove by clear and convincing evidence that the other party failed or refused to obey the order and that it was within the other party's power to obey it. An inability-to-comply showing can defeat the motion because the movant never met this burden in the first place.
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Do not withhold court-ordered support because parenting time was denied, and do not deny parenting time because support is unpaid. Either move is not a lawful self-help remedy and can itself lead to a contempt finding against the person who does it.
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If the court finds contempt, it can order coercive jail time that is not capped by any set number of days; the person committed to the county jail stays there until performing the act the order requires, and the court's order must state that purge condition. If the contempt caused a loss or injury, the court can also order a compensatory fine covering that loss plus costs and reasonable attorney fees, and for a violated custody or contact order, 19-A M.R.S. section 1653(7) allows make-up parenting time plus a forfeiture of at least $100.
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Maine's rules do not clearly say whether a contempt hearing can also change support or custody, so a separate modification request is the reliable route for that. For faster support collection, contact Maine's Division of Support Enforcement and Recovery (DSER). If domestic violence or a safety risk is involved, use the protective order process instead.
Key decisions before you file
Before you file a Motion for Contempt in Maine, a few decisions shape the document: which option to choose and what each one means. The Motion for Contempt guide walks through them.
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Maine Requirements for Motion for Contempt
Motion for Contempt, Rule 66 on Form FM-068
The motion is filed on Maine Judicial Branch Form FM-068, Motion for Contempt, Rule 66, together with the Family and Probate Matter Summary Sheet (Form FM-002) and the Social Security Number Confidential Disclosure Form (Form CR-CV-FM-PC-200). The court's form controls what is filed.
Lighter Alternative: Motion to Enforce, Form FM-070
Maine separately offers a Motion to Enforce on Form FM-070 for parties who do not need to prove willfulness or ability to comply; the court may refer the parties to mediation instead of holding a contested hearing on that motion.
Clerk-Issued Subpoena and In-Hand Service
A contempt subpoena must be obtained from the clerk; only the clerk's original, signed and sealed copy may be used, not a photocopy or online version. It must be served in hand on the other party by a sheriff or other officer qualified to serve civil process, not by the filer (M.R. Civ. P. 66(d)(2)(C)).
10 Days' Notice Before the Hearing
Service must be completed no less than 10 days before the hearing unless the court orders a shorter time (M.R. Civ. P. 66(d)(2)(C); Form FM-137, Scheduling Order).
21-Day Response Window
Form FM-068's printed warning to the other party states that a written response may be filed with the court within 21 days after being served with the motion.
Movant Bears the Burden on Ability to Comply
The moving party, not the other party, must prove by clear and convincing evidence that the other party failed or refused to perform a required act, or continues a prohibited act, and that it was within the other party's power to comply (M.R. Civ. P. 66(d)(2)(D)).
Sworn Motion or Supporting Affidavit
The motion must be under oath and set forth the facts giving rise to it, or be accompanied by a supporting affidavit, signed under penalty of perjury before a notary public or the clerk (M.R. Civ. P. 66(d)(2)(A); Form FM-068).
Uncapped Coercive Jail Tied to a Purge Condition
A person found in contempt may be committed to the county jail until performing the affirmative act the order requires; there is no statutory day cap on this coercive confinement, and the order must clearly describe the purge condition that ends it (M.R. Civ. P. 66(d)(3)).
Make-Up Parenting Time and Minimum Forfeiture
For a violated parental-rights or contact order, the court may order additional parenting time to replace time wrongfully denied and may order the party found in contempt to pay a forfeiture of at least $100 (19-A M.R.S. section 1653(7)).