What is Michigan's version of a motion for contempt?

Michigan calls it a Motion, Affidavit, and Order to Show Cause. A party files it on SCAO Form MC 230 in the same Circuit Court family division case that issued the order being enforced, not as a new lawsuit. The Friend of the Court can also bring one on its own, using Form FOC 2 for a support violation or Form FOC 19 for a custody or parenting-time violation.

What forms does a Michigan show cause filing need?

Form MC 230 is the general form any party uses for a party-filed motion, affidavit, and order to show cause. Form FOC 2 is the Friend of the Court's own form for a support violation, and Form FOC 19 is its form for a custody or parenting-time violation. All three are SCAO-approved, and the court's form controls what is actually filed.

How much notice does the other parent get before a Michigan show cause hearing?

There is no fixed statutory or court-rule notice period. Michigan Court Rule 3.606(A) requires only a reasonable time set by the judge, and Form MC 230 has the judge check a box for service personally or by mail on the person ordered to appear and fill in the number of days by hand.

What defense can stop a Michigan support contempt finding?

Ability to pay is built into the standard itself. The court can hold a support payer in contempt only if it is satisfied the payer has or had the capacity to pay, or could with diligence have it. For a parenting-time violation, the court must separately find the violation happened without good cause before it can find contempt.

Why should a Michigan parent not withhold child support because the other parent denied parenting time?

Because that is not a lawful way to respond, and it can itself become the basis for a contempt finding against the parent who does it. Denying parenting time because support is unpaid carries the same risk. A party found to have acted in bad faith in a parenting-time dispute can also be fined and ordered to pay the other party's costs.

Is there a faster way to collect unpaid child support in Michigan than filing a show cause motion?

Often yes. Michigan's county Friend of the Court, working with the state Office of Child Support, can pursue income withholding, which is required on essentially all new or modified support orders, along with tax refund offset, license suspension, and credit-bureau reporting without a contempt filing. A show cause motion is one enforcement tool among several, not the first resort.

Can a Michigan show cause hearing also change custody or the support amount?

Not the support amount. For a parenting-time violation, though, Michigan law lets the court modify the parenting-time order, add new terms or conditions, or order makeup parenting time as a contempt remedy (MCL 552.644(2)). Changing the support amount or custody requires a separate request in the same case, not this motion.

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

A current safety risk should be addressed through Michigan's restraining order process rather than by confronting the other party directly. The show cause motion itself does not provide immediate protection.

Michigan Motion for Contempt

Q: Can a Michigan family court order jail time for contempt?

It can, but only after a hearing, and it is never automatic. For a support or parenting-time contempt, jail is capped at 45 days for a first finding and 90 days for any later finding, and a support commitment order must state what the payer must pay or do to be released. General contempt outside those categories carries a fine of up to $7,500 and up to 93 days in jail, except that a commitment for failing to do a still-performable act runs until the act is performed.

Michigan calls this a show cause proceeding, lets the Friend of the Court bring it on its own initiative, and caps jail for support or parenting-time contempt at 45 days for a first finding and 90 days for any later one.

Find out where you stand in Michigan

What court order is not being followed?

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Introduction

Michigan does not call this a motion for contempt. A parent or spouse enforces a family court order for support, custody, parenting time, or a property term by filing a Motion, Affidavit, and Order to Show Cause in the same Circuit Court family division case that issued the order, using SCAO Form MC 230. The Friend of the Court can also bring this on its own initiative, using Form FOC 2 for a support violation or Form FOC 19 for a custody or parenting-time violation, without the parent filing anything. All three forms are SCAO-approved, and the court's form controls what is actually filed. Unlike states that require personal service on a fixed statutory clock, Michigan Court Rule 3.606(A) requires only a reasonable time set by the judge, and Form MC 230 itself lets the judge check a box for service personally or by mail and fill in the number of days by hand. Contempt hearings are typically held before a referee first, whose recommendation becomes the order unless a parent objects within 21 days. For a support violation, Michigan law makes the court's own finding that the payer has or had the ability to pay, or could with diligence have it, the trigger for contempt, rather than treating inability to pay as a defense the payer must raise separately. For a parenting-time violation, the court must find the violation happened without good cause. A contempt finding and any jail term are never automatic, and the court decides case by case. If the court commits someone to jail, Michigan caps it at 45 days for a first finding of contempt and 90 days for any later finding, for both unpaid support and denied parenting time, and a support commitment order must state what the payer must pay or do to be released. General contempt outside those two categories carries a fine of up to $7,500 and up to 93 days in jail, except that a commitment for failing to do a still-performable act has no fixed day cap and runs until the act is performed. For parenting time, the court can also order makeup parenting time or modify the parenting-time order. A party found to have acted in bad faith in a parenting-time dispute can also be fined $250, $500, or $1,000 depending on how many times it has happened, and the court must order that party to pay the other party's costs. Do not withhold child support because parenting time was denied, and do not deny parenting time because support is unpaid; either move can itself be treated as contempt. This page does not cover changing the amount of support or custody; that requires a separate request, and a party facing domestic violence or a safety risk should use Michigan's restraining order process instead of confronting the other party. For unpaid child support, Michigan's Friend of the Court, working with the state Office of Child Support, can pursue income withholding, tax refund offset, and license suspension without a show cause filing. Attorney review is available before filing.

Key Things to Know

1
Michigan calls this a Motion, Affidavit, and Order to Show Cause, filed on SCAO Form MC 230 in the same Circuit Court family division case, or brought by the Friend of the Court itself on Form FOC 2 for a support violation or Form FOC 19 for a custody or parenting-time violation. These forms are SCAO-approved, and the court's form controls what is filed.
2
No statute or court rule fixes the number of days of notice before a show cause hearing. Michigan Court Rule 3.606(A) requires only a reasonable time set by the judge, and Form MC 230 lets the judge check a box for service personally or by mail and fill in the number of days by hand.
3
A party-filed motion on Form MC 230 must be a sworn affidavit made on personal knowledge, signed before a notary or deputy court clerk, stating with particularity the admissible facts establishing the violation (Form MC 230).
4
For a support violation, the court can hold a payer in contempt only if it is satisfied the payer has or had the ability to pay, or could with diligence have it (MCL 552.633(1)); for a parenting-time violation, the court must find the violation happened without good cause (MCL 552.644(2)).
5
Jail for a support or parenting-time contempt is capped at 45 days for a first finding and 90 days for any later finding (MCL 552.637(4), 552.644(4)), and a support commitment order must state what the payer must pay or do to be released (MCL 552.637(2)-(3)). General contempt outside those categories carries a fine of up to $7,500 and up to 93 days in jail, except that a commitment for failing to do a still-performable act runs until the act is performed (MCL 600.1715(1)-(2)).
6
Do not withhold child support because parenting time was denied, and do not deny parenting time because support is unpaid. Either move can itself be treated as contempt, and a party found to have acted in bad faith in a parenting-time dispute can be fined $250 to $1,000 and ordered to pay the other party's costs (MCL 552.644(6), (8)).
7
Contempt does not change how much support is owed; a separate request handles that. For parenting time, the court can order makeup time or modify the parenting-time order as a contempt remedy (MCL 552.644(2)). Michigan's Friend of the Court, working with the state Office of Child Support, can pursue income withholding, tax refund offset, and license suspension without a show cause filing. If domestic violence or a safety risk is involved, use Michigan's restraining order process instead.

Key decisions before you file

Before you file a Motion for Contempt in Michigan, 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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STATE OF MICHIGAN IN THE [JUDICIAL CIRCUIT NUMBER] JUDICIAL CIRCUIT [COUNTY] COUNTY FAMILY DIVISION

Case No. [CASE NUMBER] [JUDGE NAME], Circuit Judge

[MOVANT NAME], Plaintiff/Movant, v. [OTHER PARTY NAME], Defendant/Respondent.

MOVANT'S REQUEST FOR A SHOW CAUSE HEARING ON CONTEMPT

These facts are prepared for transfer onto SCAO Form MC 230, Motion, Affidavit, and/or Order to Show Cause, the form this court's family division uses for a party-filed show cause request. The Friend of the Court uses its own forms, FOC 2 for a support violation or FOC 19 for a custody or parenting-time violation, when it initiates the motion instead. The court's form controls what is actually filed.

INTEREST OF MOVANT. Movant is a party to the order described below and asks this court to order [OTHER PARTY NAME] to appear and show cause why [OTHER PARTY NAME] should not be held in contempt.
THE ORDER. On [DATE THE ORDER WAS SIGNED], this court entered an order in this case requiring [OTHER PARTY NAME] to [DESCRIPTION OF THE ORDER PROVISION, SUCH AS A STATED MONTHLY CHILD SUPPORT AMOUNT OR PARENTING TIME ON STATED DATES].
PARTICULARIZED FACTS OF THE VIOLATION. a. On [DATE OF FIRST VIOLATION], [OTHER PARTY NAME] failed to [DESCRIPTION OF THE ACT OR OMISSION], resulting in [AMOUNT OWED OR PARENTING TIME MISSED]. b. On [DATE OF SECOND VIOLATION], [OTHER PARTY NAME] failed to [DESCRIPTION OF THE ACT OR OMISSION], resulting in [AMOUNT OWED OR PARENTING TIME MISSED]. c. [ADDITIONAL VIOLATION DATES, AMOUNTS, OR MISSED PARENTING TIME].
TOTAL AMOUNT OR TIME AT ISSUE. As of the date of this motion, the total unpaid support is [DOLLAR AMOUNT], or the total missed parenting time is [NUMBER OF DAYS OR OCCASIONS].
RELIEF REQUESTED. Movant asks the court to order [OTHER PARTY NAME] to appear and show cause why [OTHER PARTY NAME] should not be held in contempt, to find [OTHER PARTY NAME] in contempt for the violations above, and to grant the relief the court finds appropriate under Michigan law, including, for any support commitment, a statement of what [OTHER PARTY NAME] must pay or do to be released.

AFFIDAVIT

This affidavit is made on my personal knowledge and, if sworn as a witness, I can testify competently to the facts in this motion and affidavit.

[SIGNATURE OF MOVANT] [PRINTED NAME OF MOVANT]

Subscribed and sworn to before me on [DATE OF SIGNING] at [COUNTY] County, Michigan.

[SIGNATURE OF NOTARY OR DEPUTY CLERK]

SERVICE

If the court issues an order to show cause on Form MC 230, the judge sets the service method and the number of days before the hearing. Movant will serve [OTHER PARTY NAME] as that order directs and file proof of service with the court.

Michigan Requirements for Motion for Contempt

Two-Track Show Cause Procedure
Michigan enforces a family order through a Motion, Affidavit, and Order to Show Cause. A party files Form MC 230 in the same Circuit Court family division case; the Friend of the Court can instead initiate the motion itself, using Form FOC 2 for a support violation or Form FOC 19 for a custody or parenting-time violation (MCL 600.1711(2); MCR 3.606(A)).
SCAO-Approved Forms
Forms MC 230, FOC 2, and FOC 19 are each labeled Approved, SCAO, rather than approved for mandatory statewide use. The court's own form controls what is actually filed and should be confirmed with the circuit's family division before filing.
No Fixed Notice Period; Judge Sets Service Method and Days
Michigan Court Rule 3.606(A) requires only a reasonable time, set by the judge, before the show cause hearing. Form MC 230 has the judge check a box for personal service or service by mail on the person ordered to appear and fill in the number of days by hand.
Sworn Affidavit Required for a Party-Filed Motion
A motion filed on Form MC 230 must be a sworn affidavit, made on the movant's personal knowledge and signed before a notary or deputy court clerk, stating with particularity the admissible facts establishing the violation (Form MC 230).
Ability to Pay Is an Element of Support Contempt
For a support violation, the court may find the payer in contempt only if it is satisfied the payer has or had the capacity to pay, could with diligence have the capacity to pay, or failed to seek work after a Friend of the Court referral (MCL 552.633(1)(a)-(c)).
Good Cause Finding Required for Parenting-Time Contempt
For a parenting-time violation, the court must find the violation happened without good cause before it can hold the parent in contempt, and the contempt notice must list each possible sanction and state the parent's right to a hearing on a proposed parenting-time modification if the hearing is requested within 21 days (MCL 552.644(1), (2)).
Escalating 45 and 90 Day Commitment Cap
A support commitment continues until the payer performs the conditions in the commitment order (MCL 552.637(4)). A commitment for support or parenting-time contempt cannot exceed 45 days for a first adjudication of contempt or 90 days for any later adjudication (MCL 552.637(4); MCL 552.644(4)).
General Contempt Fine and Jail Cap
Contempt outside the support and parenting-time categories carries a fine of up to $7,500 and up to 93 days in jail, except that a commitment for failing to perform a still-performable act has no fixed day cap and instead runs until the act is performed (MCL 600.1715(1)-(2)).
Bad-Faith Sanctions and Mandatory Cost-Shifting for Parenting Time
If the court finds a party acted in bad faith in a parenting-time dispute, it must order a sanction of $250, $500, or $1,000 for a first, second, or third and later finding, paid to the county Friend of the Court fund, and must separately order that party to pay the other party's costs (MCL 552.644(6), (8)).

Find out where you stand in Michigan

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Michigan Requirements for Motion for Contempt

Two-Track Show Cause Procedure

SCAO-Approved Forms

No Fixed Notice Period; Judge Sets Service Method and Days

Sworn Affidavit Required for a Party-Filed Motion

Ability to Pay Is an Element of Support Contempt

Good Cause Finding Required for Parenting-Time Contempt

Escalating 45 and 90 Day Commitment Cap

General Contempt Fine and Jail Cap

Bad-Faith Sanctions and Mandatory Cost-Shifting for Parenting Time

Frequently Asked Questions