Mississippi Motion for Contempt
Mississippi sets no statutory limit on how long a parent can be jailed for disobeying a support or custody order, only release once the order is obeyed.
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Introduction
Mississippi enforces a family court order through a petition or complaint for citation of contempt, sometimes styled a motion for contempt, but filed as a petition or complaint, not a motion, in Chancery Court. Mississippi has no statutorily named pleading and no statewide mandatory contempt form. The closest official template is the Mississippi Department of Human Services, Division of Child Support Enforcement's Petition to Cite for Contempt packet, but that form covers only denied visitation under an existing order and is not adopted by court rule. The respondent is served with a summons and the petition by personal or residence service, ordinarily by the sheriff, though a process server may also be used; a filer cannot serve these papers personally. Mississippi Rule of Civil Procedure 4(i) requires the case be triable 7 days after service is completed. Rule 4(i)(6)(C) says that once the court has personal jurisdiction, Rule 5(b) notice, which includes mail, is sufficient for further proceedings in the original case, including contempt of temporary orders; the rule does not settle whether that covers contempt of a final judgment, and the Mississippi Department of Human Services' sample petition still uses a sheriff-served summons. At the hearing, the movant must prove the violation by a preponderance of the evidence; unlike contempt committed in the judge's presence, which is capped by statute at a $100 fine and 30 days in jail, contempt for disobeying a family court order carries no statutory limit on the fine or the length of confinement, which continues only until the order is obeyed. To appeal a jail order imposed for nonpayment, the respondent must first post a bond of 125 percent of the amount found owed, unless the court sets a lesser bond. A respondent who could not comply because of a genuine inability to pay, not a choice not to pay, may raise that as a defense, and it is the respondent, not the filer, who must prove it. Filing this petition does not mean the other parent will go 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. The Mississippi Department of Human Services, Division of Child Support Enforcement, can pursue income withholding, tax refund interception, and license suspension without a contempt filing, and treats going to court as a last resort even within its own enforcement toolbox. This page does not cover modifying support or custody; 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
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Mississippi has no statutorily named pleading; this is a petition or complaint for citation of contempt, which the Mississippi Department of Human Services' packet calls a Petition to Cite for Contempt, filed in Chancery Court, not as a motion. There is no statewide mandatory contempt form; the Mississippi Department of Human Services, Division of Child Support Enforcement publishes a sample petition, but it covers only denied visitation and is not court-adopted.
- 2
The respondent is served with a summons and the petition by personal or residence service, ordinarily by the sheriff, though a process server may also be used; a filer cannot serve the papers personally. The hearing cannot be held until 7 days after service is completed (Miss. R. Civ. P. 4(i)(2)).
- 3
Rule 4(i)(6)(C) says that once the court has personal jurisdiction, Rule 5(b) notice, which includes mail, is sufficient for further proceedings in the original case, including contempt of temporary orders. The rule does not settle whether that covers contempt of a final judgment, and the Mississippi Department of Human Services' sample petition still uses a sheriff-served summons.
- 4
The movant must prove the violation by a preponderance of the evidence, a standard set by statute (Miss. Code Ann. Section 11-51-12(4)).
- 5
Unlike contempt committed in front of the judge, which is capped by statute at a $100 fine and 30 days in jail, contempt for disobeying a family court order carries no statutory cap on the fine or the length of confinement; it continues only until the order is obeyed. To appeal a jail order imposed for nonpayment, the respondent must first post a bond of 125 percent of the amount found owed, unless the court sets a lesser bond (Miss. Code Ann. Sections 9-1-17, 11-51-12(1)).
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A respondent who could not comply because of a genuine inability to pay, not a choice not to pay, may raise that as a defense, and the respondent, not the filer, carries the burden of proving it with specifics rather than general claims.
- 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 Mississippi Department of Human Services, Division of Child Support Enforcement can pursue income withholding and other collection tools without a contempt filing and treats court action as a last resort. This page does not cover modifying support or custody (see DocDraft's child support modification and parenting plan pages), and 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 Mississippi, 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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Mississippi Requirements for Motion for Contempt
Petition to Cite for Contempt, No Mandatory Statewide Form
Mississippi enforces family court orders through a Petition to Cite for Contempt, filed as a petition or complaint, not a motion, in Chancery Court. No statewide mandatory contempt form exists; the Mississippi Department of Human Services publishes a sample petition, but it covers only denied visitation and is not adopted by court rule.
Personal or Residence Service and 7-Day Notice
The respondent is served with a summons and the petition by personal or residence service, ordinarily by the sheriff, though a process server may also be used; a filer cannot serve these papers personally. The case cannot be heard until 7 days after service is completed (Miss. R. Civ. P. 4(i)(2)).
Rule 5(b) Notice for Further Proceedings
Once the court has personal jurisdiction, Rule 4(i)(6)(C) makes Rule 5(b) notice, which includes mail, sufficient for further proceedings in the original case, including contempt of temporary orders. The rule does not settle whether that covers contempt of a final judgment.
Preponderance of the Evidence Standard
The movant must prove the contempt by a preponderance of the evidence, a standard set by Miss. Code Ann. Section 11-51-12(4).
No Statutory Cap on Confinement for Disobeying a Court Order
Contempt for disobeying a family court order carries no statutory cap on the fine or length of confinement; it continues until the order is obeyed. This differs from contempt committed in front of the judge, which is capped at a $100 fine and 30 days in jail (Miss. Code Ann. Section 9-1-17).
125 Percent Appeal Bond for a Nonpayment Jail Order
To appeal a civil contempt order imposing jail for nonpayment, the contemnor must first post an appearance bond of 125 percent of the amount found owed, unless the court sets a lesser bond (Miss. Code Ann. Section 11-51-12(1)).
Ability to Pay Defense
A respondent who could not comply because of a genuine inability to pay, not a choice not to pay, may raise that as a defense and carries the burden of proving it with specific facts, not general claims.
Identify the Order, Violations, and Requested Relief
The Mississippi Department of Human Services' sample petition identifies the prior order allegedly violated by date and issuing court, the specific right being violated, and an allegation that the violation was willful, followed by a request that a summons issue and that the respondent be adjudicated in contempt.
Notarized Verification in Practice
No statute or rule was found requiring a sworn or verified contempt petition, but the Mississippi Department of Human Services' own sample petition is notarized, and every petition remains subject to the signature certification requirement.