Isn't it okay to withhold support in Nevada because the other parent denied parenting time?

No. Withholding court-ordered support because parenting time was denied, or denying parenting time because support is unpaid, is not a lawful response, and either can itself be treated as contempt of the underlying order.

Nevada Motion for Contempt

Q: What is a motion for contempt called in Nevada?

Nevada calls it a Motion for an Order to Enforce and/or for an Order to Show Cause Regarding Contempt, the title used by the Nevada Supreme Court Self-Help Center's own statewide form. It is filed in the same family court case as the underlying order, under the same case number, not as a new lawsuit.

Q: Does Nevada have an official form for this motion?

Nevada has a statewide self-help form that is approved for use in any Nevada court but is not mandatory, and it carries no form number. Washoe County distributes its own near-identical version as form M-8, and Clark County residents are pointed to a template through familylawselfhelpcenter.org. Whichever version is used, the court's own form controls what is filed.

Q: What is the extra step for a Nevada contempt motion filed in Clark County?

Under EDCR 5.510, filing the motion is only the first step in Clark County. The movant must separately submit an ex parte application asking the assigned judge to actually sign an Order to Show Cause compelling the other parent's appearance. The judge can deny the motion, sign the order, or set an ordinary hearing without one.

Q: How much notice does the other parent get before a Nevada contempt hearing?

In Clark County, EDCR 5.502(b) requires the hearing to be set at least 35 days after the motion is filed. The statewide form's own 14-calendar-day period, plus 3 more days if served by mail, is a separate deadline for the accused to file a written response, not the amount of notice given before the hearing itself.

Q: Can a Nevada court jail someone for contempt of a family order?

It can, but only after a hearing, and it is never automatic and never the filer's choice. Nevada's general contempt statute caps the penalty at a fine of not more than $500 and jail of not more than 25 days, and jail for an act that remains possible to perform is coercive only, ending once the act is done (NRS 22.100(2); NRS 22.110(1)).

Q: What if I truly could not afford to pay support in Nevada?

The court decides whether the violation was within the other party's control. Nevada's contempt statute does not spell out an inability-to-pay defense, so whether a genuine inability to comply, rather than a choice not to, excuses the violation is for the judge to decide.

Q: What happens if a Nevada parent is denied court-ordered parenting time?

Beyond a contempt motion, if the court finds a parent was wrongfully deprived of court-ordered visitation, it may order a make-up visit of the same type and duration, taken within 1 year, on at least 7 days' written notice for a weekday or weekend visit or at least 30 days' notice for a holiday or vacation visit (NRS 125C.020). A custodial parent who violates that make-up-visit order can be jailed with court-supervised work release (NRS 125C.030; NRS 125C.040).

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

Often yes. Nevada's Division of Welfare and Supportive Services Child Support Program can pursue wage garnishment, tax refund intercepts, and driver's license suspension without a contempt hearing, and mandatory income withholding under NRS Chapter 31A can start as soon as a support order includes it.

In Nevada's largest county, filing the motion is only the first step, since a separate application must ask the judge to actually sign the order compelling the other parent to appear, and any jail time faces a comparatively low, flat cap.

Find out where you stand in Nevada

What court order is not being followed?

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Introduction

Nevada enforces a family court order through a Motion for an Order to Enforce and/or for an Order to Show Cause Regarding Contempt, the title used by the Nevada Supreme Court Self-Help Center's own statewide form. The form carries no form number and is approved for use statewide but not mandatory; Washoe County distributes its own near-identical version as form M-8, and Clark County residents are pointed to a template through familylawselfhelpcenter.org. The motion is filed in the same case as the underlying order, in District Court, or, in Clark County (Eighth Judicial District) and Washoe County (Second Judicial District), the Family Court division that has exclusive jurisdiction over it (NRS 3.223(1)(a)). In Clark County, filing the motion is only the first step: under EDCR 5.510 the movant must separately submit an ex parte application asking the assigned judge to actually sign an Order to Show Cause compelling the other parent's appearance; the judge can deny the motion, sign the order, or set an ordinary hearing without one. The underlying motion can be served by mail unless a judge orders personal service; in Clark County, if an Order to Show Cause is issued in advance of the first hearing, the moving party must serve it and the application for it on the accused (EDCR 5.510(d)). EDCR 5.502(b) requires a Clark County hearing to be set at least 35 days after the motion is filed, and EDCR 5.502(c) gives the accused 14 days after service to file a written opposition; the statewide form's own 14-calendar-day period, plus 3 more days if served by mail, is a separate deadline for the accused's written response, not the notice given before the hearing. Because the contempt happened outside the court's presence, the facts constituting it must be supported by an affidavit (NRS 22.030(2)); in Clark County, EDCR 5.510(a) requires the motion to be accompanied by a detailed affidavit identifying the specific provisions, pages and lines of the order alleged to have been violated. The statewide form also asks for each violation with its date and an itemized statement of any money owed. If the court finds contempt, Nevada's general contempt statute caps the penalty at a fine of not more than $500 and jail of not more than 25 days, and jail for an act that remains possible to perform is coercive only, meaning the person can be released once the act is done (NRS 22.100(2); NRS 22.110(1)); a contempt finding and jail are never automatic and are never the filer's choice. Separately, if the court finds a parent was wrongfully deprived of court-ordered visitation, it may order a make-up visit of the same type and duration, taken within 1 year, on at least 7 days' written notice for a weekday or weekend visit or at least 30 days' notice for a holiday or vacation visit, and a custodial parent who violates that make-up-visit order can be jailed with court-supervised work release (NRS 125C.020; NRS 125C.030; NRS 125C.040). The court decides whether a violation was within the other party's control; Nevada's contempt statute does not spell out an inability-to-pay defense, so whether a genuine inability to comply excuses a violation is for the judge to decide. 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. This motion does not change the support amount or the custody or visitation schedule; a modification requires a separate filing. If there is domestic violence or a safety risk, use the protective-order process instead of confronting the other party. For unpaid support, Nevada's Division of Welfare and Supportive Services Child Support Program can pursue wage garnishment, tax refund intercepts, and driver's license suspension without a contempt filing. The court's own form controls what is filed. Attorney review is available before filing.

Key Things to Know

1
Nevada calls this a Motion for an Order to Enforce and/or for an Order to Show Cause Regarding Contempt. The Nevada Supreme Court Self-Help Center publishes an approved statewide fillable version that carries no form number; Washoe County distributes its own version as form M-8, and Clark County residents are pointed to a Legal Aid Center of Southern Nevada template. It is filed in the same case, in District Court or, in Clark and Washoe Counties, the Family Court division with exclusive jurisdiction (NRS 3.223(1)(a)).
2
In Clark County, filing the motion is only step one. Under EDCR 5.510 the movant must separately submit an ex parte application asking the assigned judge to actually sign an Order to Show Cause compelling the other parent's appearance; the judge can deny the motion, sign the order, or set an ordinary hearing without one.
3
The underlying motion can be served by mail unless a judge orders personal service. In Clark County, if an Order to Show Cause is issued in advance of the first hearing, the moving party must serve it and the application for it on the accused (EDCR 5.510(d)). EDCR 5.502(b) requires a Clark County hearing to be set at least 35 days after filing; the form's own 14-calendar-day period (plus 3 more days if served by mail) is the deadline for the accused's written response, not the notice given before the hearing.
4
The facts constituting the contempt must be supported by an affidavit (NRS 22.030(2)). In Clark County, EDCR 5.510(a) requires the motion to be accompanied by a detailed affidavit identifying the specific provisions, pages and lines of the order alleged to have been violated. The statewide form also asks for each violation with its date and an itemized statement of any money owed, attached as an exhibit with a request that it be reduced to a money judgment.
5
The court decides whether a violation was within the other party's control. Nevada's contempt statute does not spell out an inability-to-pay defense, so whether a genuine inability to comply excuses a violation is for the judge to decide; a contempt finding and jail are never automatic and are never something the filer can simply request and receive.
6
Do not withhold court-ordered support because parenting time was denied, and do not deny parenting time because support is unpaid. Either can itself be treated as disobedience of a court order and expose the person who does it to contempt.
7
If the court finds contempt, Nevada caps the penalty at a fine of not more than $500 and jail of not more than 25 days, and jail for an act that remains possible to perform is coercive only, ending once the act is done (NRS 22.100(2); NRS 22.110(1)). If the court finds a parent was wrongfully deprived of visitation, it may also order a make-up visit within 1 year on at least 7 or 30 days' notice, and violating that make-up-visit order can lead to jail with work release (NRS 125C.020; NRS 125C.030; NRS 125C.040). This motion does not change the support amount or custody schedule; for unpaid support, Nevada's Division of Welfare and Supportive Services Child Support Program can garnish wages and intercept tax refunds without a contempt filing, and a domestic violence or safety risk should go through the protective-order process instead.

Key decisions before you file

Before you file a Motion for Contempt in Nevada, 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

CASE NO. [CASE NUMBER]

IN THE [JUDICIAL DISTRICT] JUDICIAL DISTRICT COURT [COUNTY] COUNTY, NEVADA

[MOVANT NAME], Plaintiff, v. [ACCUSED NAME], Defendant.

MOTION FOR AN ORDER TO ENFORCE AND/OR FOR AN ORDER TO SHOW CAUSE REGARDING CONTEMPT

This draft follows the Nevada Supreme Court Self-Help Center's statewide form, Motion for an Order to Enforce and/or for an Order to Show Cause Regarding Contempt; the court's own form controls what is filed.

TO THE HONORABLE COURT:

[MOVANT NAME] moves this Court to enforce the order described below and for an Order to Show Cause directing [ACCUSED NAME] to appear and show cause why [ACCUSED NAME] should not be held in contempt, and states as follows.

ORDER VIOLATED. On [DATE THE ORDER WAS FILED], this Court entered an order requiring [ACCUSED NAME] to [DESCRIPTION OF WHAT THE ORDER REQUIRED]. That requirement appears at page [PAGE NUMBER], line [LINE OR PARAGRAPH NUMBER] of the order, which states: [QUOTED LANGUAGE FROM THE ORDER].
NOTICE OF THE ORDER. [ACCUSED NAME] had notice of this order because [BASIS FOR NOTICE OF THE ORDER].
VIOLATIONS. a. On [DATE OF FIRST VIOLATION], [ACCUSED NAME] failed to [DESCRIPTION OF THE ACT OR OMISSION]. b. On [DATE OF SECOND VIOLATION], [ACCUSED NAME] failed to [DESCRIPTION OF THE ACT OR OMISSION]. c. [ADDITIONAL VIOLATION DATES AND DESCRIPTIONS].
HARM. Movant has suffered [DESCRIPTION OF THE HARM CAUSED BY THE VIOLATIONS].
AMOUNT OWED. An itemized statement of the amount owed, totaling [DOLLAR AMOUNT] for the period from [START DATE] through [END DATE], is attached as Exhibit [EXHIBIT LETTER]. Movant asks that this amount be reduced to a money judgment. In Clark County, a party seeking a judgment for unpaid periodic support must also file a separate Schedule of Arrearages under EDCR 5.508.
WHY CONTEMPT SHOULD BE FOUND. The violations described above were within [ACCUSED NAME]'s control and were not the result of an inability to comply.
EXHIBITS. The following exhibits are attached: [EXHIBIT LIST].

RELIEF REQUESTED. Movant asks the Court to enforce the order described above, to issue an Order to Show Cause directing [ACCUSED NAME] to appear, to find [ACCUSED NAME] in contempt for the violations described above, to reduce the amount owed to a money judgment, and to order [ACCUSED NAME] to pay Movant's reasonable expenses and attorney's fees under NRS 22.100(3).

DECLARATION

Under penalty of perjury under the law of the State of Nevada, I declare that the foregoing is true and correct to the best of my knowledge.

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

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

SERVICE

This motion may be served on [ACCUSED NAME] by mail unless the Court orders personal service. In Clark County, if an Order to Show Cause is issued in advance of the first hearing, Movant will serve it and the separate application for it on [ACCUSED NAME] (EDCR 5.510(d)).

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a copy of this motion was served on [ACCUSED NAME] by [METHOD OF SERVICE].

[SIGNATURE] [NAME]

Nevada Requirements for Motion for Contempt

Approved Statewide Self-Help Form, No Form Number
Nevada's Motion for an Order to Enforce and/or for an Order to Show Cause Regarding Contempt is published by the Nevada Supreme Court Self-Help Center, approved for use statewide but not mandatory, and carries no form number. Washoe County distributes its own version as form M-8.
Two-Step Clark County Order-to-Show-Cause Process
Under EDCR 5.510, a Clark County movant must file the motion and then separately submit an ex parte application asking the assigned judge to sign an Order to Show Cause compelling the other party's appearance; the judge may deny the motion, sign the order, or set an ordinary hearing without one.
Mail Service Allowed Unless a Judge Orders Otherwise
The underlying motion can be served by mail unless a judge orders personal service. In Clark County, if an Order to Show Cause is issued in advance of the first hearing, the moving party must serve it and the application for it on the accused (EDCR 5.510(d)).
35-Day Advance Hearing Setting in Clark County
EDCR 5.502(b) requires a Clark County family motion hearing to be set at least 35 days after the motion is filed, and EDCR 5.502(c) gives the opposing party 14 days after service to file a written opposition.
Sworn Affidavit With Page-and-Line Citation
The facts constituting the contempt must be supported by an affidavit (NRS 22.030(2)); in Clark County, the motion must be accompanied by a detailed affidavit identifying the specific provisions, pages and lines of the order alleged to have been violated (EDCR 5.510(a)).
General Contempt Capped at a $500 Fine and 25 Days in Jail
Nevada's general contempt statute caps the penalty at a fine of not more than $500 and jail of not more than 25 days, and jail for an act that remains possible to perform is coercive only, ending once the act is done (NRS 22.100(2); NRS 22.110(1)).
Statutory Make-Up Parenting Time Right
If the court finds a parent was wrongfully deprived of court-ordered visitation, it may order an additional visit of the same type and duration, taken within 1 year, on at least 7 days' notice for a weekday or weekend visit or at least 30 days' notice for a holiday or vacation visit (NRS 125C.020).
Jail With Work Release for Violating a Make-Up-Visit Order
A custodial parent who violates a court-ordered make-up visit under NRS 125C.020 can be jailed, with the court authorized to permit supervised temporary release for employment; that work-release privilege can be revoked, requiring full confinement, if the parent violates a release condition or fails to return on time (NRS 125C.030; NRS 125C.040).
Discretionary Fees and Expenses to the Movant
The court may, but is not required to, order the person found in contempt of an order to pay the movant's reasonable expenses, including attorney's fees, incurred as a result of the contempt (NRS 22.100(3)).

Find out where you stand in Nevada

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Nevada Requirements for Motion for Contempt

Approved Statewide Self-Help Form, No Form Number

Two-Step Clark County Order-to-Show-Cause Process

Mail Service Allowed Unless a Judge Orders Otherwise

35-Day Advance Hearing Setting in Clark County

Sworn Affidavit With Page-and-Line Citation

General Contempt Capped at a $500 Fine and 25 Days in Jail

Statutory Make-Up Parenting Time Right

Jail With Work Release for Violating a Make-Up-Visit Order

Discretionary Fees and Expenses to the Movant

Frequently Asked Questions