Is a specific form required to file a Minnesota contempt motion?

No. Minnesota's statewide five-form packet, DIV1401 through DIV1405, is described by the state courts as sufficient, not mandatory. A filer can use the packet or a different format that meets the same content requirements under Minn. Gen. R. Prac. 309.01(b) through (c) and 311.

Does Minnesota hold more than one hearing for a contempt motion?

It can. Minn. Gen. R. Prac. 309.02 requires a hearing with live sworn testimony before contempt can be found, because a Minnesota court cannot decide contempt on affidavits alone, absent an express waiver. If the court finds contempt and stays a jail sentence on purge conditions, a separate revocation hearing happens only if those conditions go unmet, under Minn. Gen. R. Prac. 309.03.

Can a Minnesota family court order jail time for contempt?

It can, but only after a hearing, and only if the court finds the other party had the ability to comply and willfully refused. Jail is never automatic. General contempt carries a fine of not more than $250, imprisonment of not more than 6 months, or both, under Minn. Stat. section 588.10, but for disobeying a court order, imprisonment or a fine over $50 requires that the moving party's right or remedy was actually defeated or prejudiced (Minn. Stat. section 588.02). Any jail time can be stayed on purge conditions the other party can meet by complying.

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

Because that is not a lawful response. Withholding support due to denied parenting time, or denying parenting time due to unpaid support, can itself become the basis for a contempt finding against the parent who does it. Each problem must be enforced through its own motion.

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

Often yes. Minnesota's state child support program can pursue income withholding, which is required on nearly every support order, along with other collection tools, without a contempt filing. Contempt for child support arrears is also unavailable until the unpaid amount reaches three times the monthly support and maintenance obligation and the obligor is out of compliance with a written payment plan.

Can a Minnesota contempt motion be used to collect an unpaid property division debt or to change custody?

Not for property division, and custody only in limited ways. Minnesota's own instructions direct a filer with an unpaid property division debt to docket it as an ordinary civil judgment instead of using contempt. A contempt motion can, however, also ask for compensatory parenting time or a change in the order, and an unwarranted denial of parenting time may be sufficient cause for reversal of custody under Minn. Stat. section 518.175, subd. 6(i). The court decides; nothing is automatic.

Minnesota Motion for Contempt

Q: What is Minnesota's version of a motion for contempt called?

A Motion for Contempt of Court. It is started either with a Notice of Motion and Motion for Contempt on form DIV1402 or, when there is a meaningful risk the other party will not appear, an Order to Show Cause and Appear on form DIV1404, filed in the same case file as the underlying order, not as a new lawsuit.

Q: How must a Minnesota contempt motion be served, and how much notice is required?

Personally. Someone other than the filer who is at least 18 must hand-deliver the papers to the other party; the papers cannot be mailed. The papers must be both served and filed with the court administrator at least 21 days before the hearing under Minn. Gen. R. Prac. 303.03(a)(1), and the hearing itself must be set no later than 60 days after the motion or order to show cause is issued.

A Minnesota contempt motion cannot be decided on paperwork alone absent an express waiver, because a rule requires a hearing with live sworn testimony, and if the court stays a jail sentence on purge conditions, a second revocation hearing follows only if those conditions go unmet.

Find out where you stand in Minnesota

What court order is not being followed?

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Introduction

Minnesota calls this proceeding a Motion for Contempt of Court, started either with a Notice of Motion and Motion for Contempt on form DIV1402 or, when there is a meaningful risk the other party will not appear, an Order to Show Cause and Appear on form DIV1404. Both are part of a five-form statewide packet, DIV1401 through DIV1405, that the courts describe as sufficient, not mandatory, so a filer may use a different format as long as it meets the same content rules (Minn. Gen. R. Prac. 311). The motion is filed in the same case file as the underlying divorce, custody, or paternity order, not as a new lawsuit (Minn. R. Gen. Prac. 309.01(a)). The papers, including the supporting affidavit and a copy of the order violated, must be personally served on the other party by someone other than the filer who is at least 18; the papers cannot be mailed, and they must be both served and filed with the court administrator at least 21 days before the hearing (Minn. Gen. R. Prac. 303.03(a)(1)). The hearing itself must be set no later than 60 days after the notice of motion or order to show cause is issued (Minn. Gen. R. Prac. 309.01(b)(5)). Minnesota contempt motions cannot be decided on affidavits alone, absent an express waiver: the court must hold a hearing with live sworn testimony (Minn. Gen. R. Prac. 309.02). If the court finds contempt and stays a jail sentence on purge conditions, meaning the other party can avoid jail by doing what the order required, a second revocation hearing happens only if those conditions go unmet (Minn. Gen. R. Prac. 309.03). The court can only jail someone for contempt if it finds the person had the ability to comply and willfully refused; ability to pay is a crucial issue the filer must flag, and the other party can raise it through a Parenting/Financial Disclosure Statement. A contempt finding and jail are never automatic. Do not withhold support because parenting time was denied, and do not deny parenting time because support is unpaid; either one can itself become contempt. If the underlying problem is an unpaid property division debt rather than support or maintenance, Minnesota's own instructions say not to use contempt at all and to docket the debt as an ordinary civil judgment instead. If domestic violence or a safety risk is involved, use Minnesota's restraining order process rather than confronting the other party. A contempt motion can also ask for compensatory parenting time or a change in the order; for changing support or custody on its own, see DocDraft's child-support-modification and parenting-plan pages. For unpaid child support, Minnesota's state child support program can pursue income withholding and other collection tools without a contempt filing. The DIV forms, or any substitute meeting the same rules, are what the court reviews, not this page. Attorney review is available before filing.

Key Things to Know

1
Minnesota calls this a Motion for Contempt of Court, started with a Notice of Motion and Motion for Contempt on form DIV1402 or an Order to Show Cause and Appear on form DIV1404. The statewide DIV1401 through DIV1405 packet is not mandatory, only sufficient, under Minn. Gen. R. Prac. 311, so a different format that meets the same content rules can be used instead.
2
The motion, affidavit, and a copy of the order violated must be personally served on the other party by someone other than the filer who is at least 18; the papers cannot be mailed. The papers must be both served and filed with the court administrator at least 21 days before the hearing, and the hearing itself must be set no later than 60 days after the notice or order to show cause is issued (Minn. Gen. R. Prac. 303.03(a)(1), 309.01(b)(5)).
3
A contempt motion cannot be decided on affidavits alone, absent an express waiver. The court must hold a hearing with live sworn testimony (Minn. Gen. R. Prac. 309.02). If the court stays a jail sentence on purge conditions, a second revocation hearing happens only if those conditions go unmet (Minn. Gen. R. Prac. 309.03).
4
The court can only jail someone if it finds the person had the ability to comply and willfully refused. Ability to pay is a crucial issue the moving papers must flag, and the other party can raise an inability-to-pay defense through a Parenting/Financial Disclosure Statement (Minn. R. Gen. Prac. 309.01(b)(4)).
5
General contempt carries a fine of not more than $250, imprisonment of not more than 6 months, or both (Minn. Stat. section 588.10). For disobeying a court order specifically, the court cannot order imprisonment or a fine over $50 unless the moving party's right or remedy was actually defeated or prejudiced (Minn. Stat. section 588.02). For child support arrears only, a court may order up to 32 hours a week of community service for six weeks per finding instead of jail, if the obligor is able to work full time but underemployed and the county contracts with the state child support agency (Minn. Stat. section 518A.72, subd. 2).
6
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 response and can itself lead to a contempt finding against the parent who does it. Each issue must be enforced on its own.
7
For child support arrears, a person cannot be cited for contempt until the unpaid amount reaches three times the total monthly support and maintenance obligation and the obligor is out of compliance with a written payment plan (Minn. Stat. section 518A.72, subd. 1). Denied parenting time has its own companion remedy: the court must order compensatory parenting time once it finds interference, separate from any contempt finding (Minn. Stat. section 518.175, subd. 6(d)).

Key decisions before you file

Before you file a Motion for Contempt in Minnesota, 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

Customize your Motion for Contempt Template with DocDraft

STATE OF MINNESOTA DISTRICT COURT COUNTY OF [COUNTY] [JUDICIAL DISTRICT] JUDICIAL DISTRICT

[MOVANT NAME], Movant,

and

[RESPONDENT NAME], Respondent.

Court File No. [COURT FILE NUMBER]

NOTICE OF MOTION AND MOTION FOR CONTEMPT OF COURT

TO: [RESPONDENT NAME]

PLEASE TAKE NOTICE that on [DATE OF HEARING] at [TIME], in [COURTROOM OR LOCATION], [MOVANT NAME] will move this Court for an order finding [RESPONDENT NAME] in contempt of court, based on the following.

THE ORDER VIOLATED. On [DATE THE ORDER WAS ENTERED], this Court entered [NAME OF ORDER, SUCH AS THE JUDGMENT AND DECREE OR CUSTODY ORDER] in this file, which ordered: '[QUOTE THE SPECIFIC PROVISION DISOBEYED].' A copy of the order is attached as Exhibit A.
KNOWLEDGE OF THE ORDER. Respondent knew of this order because Respondent [WAS PRESENT IN COURT WHEN IT WAS SIGNED, WAS SERVED WITH A COPY ON A STATED DATE, OR SIGNED A STIPULATION ON A STATED DATE], as shown by [AN AFFIDAVIT OF SERVICE OR ADMISSION OF SERVICE ATTACHED AS EXHIBIT B].
EACH VIOLATION. a. On [DATE OF FIRST VIOLATION], Respondent failed to [DESCRIPTION OF THE SPECIFIC ACT OR OMISSION], resulting in [AMOUNT DUE, PAID, AND UNPAID, OR THE PARENTING TIME DENIED]. b. On [DATE OF SECOND VIOLATION], Respondent failed to [DESCRIPTION OF THE SPECIFIC ACT OR OMISSION], resulting in [AMOUNT DUE, PAID, AND UNPAID, OR THE PARENTING TIME DENIED]. [LIST OF ANY ADDITIONAL VIOLATION DATES AND AMOUNTS]
ABILITY TO COMPLY. Respondent had the ability to comply with the order on each date listed above and disobeyed it without good reason.

NOTICE TO RESPONDENT: Ability to pay is a crucial issue in this contempt proceeding. Respondent may complete a Parenting/Financial Disclosure Statement and file it with the Court to address ability to pay.

RELIEF REQUESTED. Movant asks the Court to: a. find Respondent in contempt of the order described above; b. impose the fine, jail sentence, or other sanction the Court finds appropriate under Minnesota law, with any jail sentence stayed on stated purge conditions that Respondent can meet by complying with the order; c. order Respondent to pay the unpaid amount stated above, or, where parenting time was denied, order compensatory parenting time for the periods denied above; d. where the order violated requires child support, order Respondent to pay Movant's costs and a reasonable attorney's fee as the Court finds appropriate (Minn. Stat. section 588.02), or, for repeated intentional interference with parenting time, award costs and fees under Minn. Stat. section 518.175, subd. 6(e); and e. grant any other relief the Court finds just.

I declare under penalty of perjury that everything stated in this document is true and correct.

Executed on [DATE OF SIGNING] at [CITY], Minnesota.

[SIGNATURE OF MOVANT] [PRINTED NAME OF MOVANT]

SERVICE INSTRUCTIONS

This Notice of Motion and Motion, the supporting affidavit, and a copy of the order violated must be personally served on Respondent by someone other than Movant who is at least 18 years old. The papers cannot be mailed. These papers must be both served and filed with the court administrator at least 21 days before the hearing date, and the hearing must be set no later than 60 days after this motion or an Order to Show Cause is issued.

FORM NOTE: This draft follows Minnesota's statewide form DIV1402, Notice of Motion and Motion for Contempt of Court, part of the DIV1401 through DIV1405 contempt packet. Those forms are sufficient, not mandatory; if the court's form is used, the court's form controls.

Minnesota Requirements for Motion for Contempt

Notice of Motion and Motion, or Order to Show Cause Packet
Filed as a Notice of Motion and Motion for Contempt on form DIV1402, or as an Order to Show Cause and Appear on form DIV1404 when there is a meaningful risk the other party will not appear. The statewide DIV1401 through DIV1405 packet is sufficient, not mandatory, under Minn. Gen. R. Prac. 311.
Personal Service Only, No Mail, No Self-Service
The moving papers, supporting affidavit, and a copy of the order violated must be personally served on the other party by someone other than the filer who is at least 18. Service by mail is not allowed.
21 Days' Notice With a 60-Day Outer Hearing Limit
The papers must be both served and filed with the court administrator at least 21 days before the hearing (Minn. Gen. R. Prac. 303.03(a)(1)), and the hearing itself must be set no later than 60 days after the notice of motion or order to show cause is issued (Minn. Gen. R. Prac. 309.01(b)(5)).
Live Testimony Required, No Decision on Affidavits Alone
Unlike most family court motions, a Minnesota contempt motion cannot be decided on affidavits alone absent an express waiver; the court must hold a hearing with live sworn testimony (Minn. Gen. R. Prac. 309.02).
Affidavit Pleading Each Violation With Particularity
The supporting affidavit must set forth each alleged violation with particularity, and for a failure to pay money must state the kind of payment in default and the payment dates and amounts due, paid, and unpaid for each failure (Minn. R. Gen. Prac. 309.01(b)-(c)).
General and Constructive Contempt Fine and Jail Caps
General contempt is punishable by a fine of not more than $250, imprisonment of not more than 6 months, or both (Minn. Stat. section 588.10). For disobeying a court order, the court cannot order imprisonment or a fine over $50 unless the moving party's right or remedy was actually defeated or prejudiced (Minn. Stat. section 588.02).
Purge Condition and Revocation Hearing
A jail sentence may be stayed to let the other party purge the violation by complying with the order; if purge conditions are not met, the moving party must serve an affidavit of noncompliance and the court holds a separate revocation hearing before the stayed sentence is executed (Minn. Gen. R. Prac. 309.03).
Child Support Arrears Gate
A person cannot be cited for contempt of a child support order until the unpaid amount reaches three times the total monthly support and maintenance obligation and the obligor is out of compliance with a written payment plan (Minn. Stat. section 518A.72, subd. 1).
Property Division Debts Excluded From Contempt
An unpaid property division debt, as opposed to support or maintenance, should not be pursued through contempt; Minnesota's own instructions direct the filer to docket the amount as an ordinary civil judgment instead.

Find out where you stand in Minnesota

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Minnesota Requirements for Motion for Contempt

Notice of Motion and Motion, or Order to Show Cause Packet

Personal Service Only, No Mail, No Self-Service

21 Days' Notice With a 60-Day Outer Hearing Limit

Live Testimony Required, No Decision on Affidavits Alone

Affidavit Pleading Each Violation With Particularity

General and Constructive Contempt Fine and Jail Caps

Purge Condition and Revocation Hearing

Child Support Arrears Gate

Property Division Debts Excluded From Contempt

Frequently Asked Questions