What is New Hampshire's version of a motion for contempt?

It depends on whether the family case is still open. While the case is open, a parent or spouse files a Motion for Contempt on Judicial Branch Form NHJB-2838-Se, with no filing fee. Once that family case has closed, the same claim instead requires a Petition for Contempt on Form NHJB-2199-F, with a Personal Data Sheet and a filing fee.

Which New Hampshire form should I file for contempt?

Use Form NHJB-2838-Se, Motion for Contempt, if the family case is still open. Use Form NHJB-2199-F, Petition for Contempt, along with the Personal Data Sheet, Form NHJB-2077-F, if the family case has closed. A separate e-filing-only form, NHJB-2815-DPe, exists specifically for a missed support or payment order, and a Family Access Motion, Form NHJB-3258-F, exists for denied parenting time.

How must a New Hampshire contempt filing be served on the other parent?

It depends on the pathway. An open-case Motion for Contempt may be noticed by regular United States mail. A closed-case Petition for Contempt must be served by a sheriff within New Hampshire, or by any person authorized to make service if the other party is outside the state.

How much notice does a New Hampshire contempt hearing require?

New Hampshire's contempt rule does not set a specific number of days of notice before the hearing itself. For an open-case motion the other party has not agreed to, a separate, general Family Division motion rule holds the motion 10 days from the filing date for a response, unless the court decides an earlier ruling is needed. Confirm the actual hearing date and any local timing with the clerk, especially for a closed-case petition.

Can a New Hampshire family court jail someone for contempt?

It can, but only after the court finds a violation and gives the other party notice and a chance to be heard, and jail is never automatic. New Hampshire's Family Division contempt rule, Rule 2.31(C), does not state a day or hour limit on incarceration for contempt in general.

What defense can stop a New Hampshire contempt finding?

The filer carries the burden of showing the order was violated. No New Hampshire statute defines the contempt standard or an inability-to-comply defense; the other party may raise inability to comply under case law, and the court decides whether to find contempt.

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

Because that is not a lawful way to respond on its own. 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 is enforced separately.

Is there a faster way to enforce parenting time in New Hampshire than filing for contempt?

Yes. A Family Access Motion under RSA 461-A:4-a, Form NHJB-3258-F, runs on its own schedule, with the clerk issuing a summons within 10 business days of filing and final disposition generally required within 60 days of service. It can award compensatory parenting time, counseling, and a fine of up to $500. The same remedies apply when a motion for contempt shows a substantial and material parenting-time violation without good cause.

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

Often yes. New Hampshire's Department of Health and Human Services, Bureau of Child Support Services can begin reviewing a case after 30 consecutive days without a payment and can start license revocation after 60 days of nonpayment, without a contempt hearing.

Can a New Hampshire contempt hearing also change custody or the support amount?

New Hampshire's contempt rule does not address this, so do not count on it. A contempt filing asks whether the existing order was violated. To change the support amount or the parenting schedule, file a separate modification request.

New Hampshire Motion for Contempt

New Hampshire pairs a mandatory award of attorney fees to the prevailing party with a separate, faster statutory track for denied parenting time that runs on its own deadlines.

Find out where you stand in New Hampshire

What court order is not being followed?

DocDraft provides document preparation, not legal advice.

Introduction

New Hampshire does not use one contempt pleading for every case. If the family case that produced the order is still open, a parent or spouse files a Motion for Contempt on Judicial Branch Form NHJB-2838-Se, with no filing fee, in the Circuit Court, Family Division that issued the order. If that family case has already closed, the same claim instead requires a Petition for Contempt on Form NHJB-2199-F, along with a Personal Data Sheet, Form NHJB-2077-F, and a filing fee. A separate e-filing-only form, NHJB-2815-DPe, is available specifically for a missed support or payment order. The Judicial Branch forms, not this page, control what is filed. Service also differs by track: notice of an open-case motion may go out by regular United States mail, while a closed-case petition must be served by a sheriff within New Hampshire, or by any person authorized to make service if the other party is outside the state. New Hampshire's contempt rule does not set a specific number of days of notice before the hearing itself; for an open-case motion that the other party has not agreed to, a separate, general Family Division motion rule holds the motion for 10 days from the filing date to allow a response, unless the court decides an earlier ruling is needed, so confirm the actual hearing date and any local timing with the clerk, especially for a closed-case petition. The filer carries the burden of showing the order was violated, and the court decides whether to find contempt; a contempt finding and any jail time are never automatic. No New Hampshire statute defines the contempt standard or an inability-to-comply defense, so the other party may raise that defense under case law, and the court weighs it. In a proceeding under RSA chapter 458, once the court finds a party failed without just cause to obey a prior order, RSA 458:51 requires it to award the prevailing party reasonable costs and attorney's fees; for parenting-time enforcement under RSA 461-A:4-a, fees may be awarded if requested and for good cause. The Family Division contempt rule, Rule 2.31(C), allows incarceration only after a finding of a violation and notice and a chance to be heard, and does not state a day limit; jail is not a punishment the filer selects. Do not withhold support because parenting time was denied, and do not deny parenting time because support is unpaid; either one can itself be treated as contempt. For denied or interfered-with parenting time under a parenting plan, a separate Family Access Motion, Form NHJB-3258-F, runs on its own faster schedule and can award compensatory parenting time, counseling, and a fine of up to $500. For unpaid child support, New Hampshire's Department of Health and Human Services, Bureau of Child Support Services can pursue collection without a contempt filing. This page does not cover changing the amount of support or the parenting schedule; that requires DocDraft's child support modification or parenting plan pages. If domestic violence or a safety risk is involved, use DocDraft's getting a restraining order guide instead of this motion. Attorney review is available before filing.

Key Things to Know

1
New Hampshire splits this claim in two: while the family case is open, file a Motion for Contempt on Judicial Branch Form NHJB-2838-Se, with no filing fee. Once the family case has closed, file a Petition for Contempt on Form NHJB-2199-F instead, with a Personal Data Sheet, Form NHJB-2077-F, and a filing fee. An e-filing-only form, NHJB-2815-DPe, is available for a missed support or payment order.
2
Service tracks the same split. An open-case motion may be noticed by regular United States mail. A closed-case petition must be served by a sheriff within New Hampshire, or by any person authorized to make service if the other party is outside the state.
3
New Hampshire's contempt rule does not set a fixed number of days of notice before the hearing. For an open-case motion the other party has not agreed to, a separate general Family Division motion rule holds the motion 10 days from the filing date for a response, unless the court decides an earlier ruling is needed, so confirm the hearing date and timing with the clerk.
4
Both the Motion for Contempt and the Petition for Contempt end in a notarized acknowledgment signed before a notarial officer. The Family Access Motion instead requires the filer to swear or affirm the information is true and correct, and warns that a false statement can bring criminal penalties.
5
The filer carries the burden of showing the order was violated. No New Hampshire statute defines the contempt standard or an inability-to-comply defense; the other party may raise inability to comply under case law, and the court decides whether to find contempt.
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 on its own and can itself be treated as contempt against the parent who does it.
7
Contempt does not change the support amount or the parenting schedule; a separate modification request through DocDraft's child support modification or parenting plan pages handles that. For unpaid support, New Hampshire's Department of Health and Human Services, Bureau of Child Support Services can pursue collection without a contempt filing, and for denied parenting time specifically, the Family Access Motion runs on its own faster schedule. If domestic violence or a safety risk is involved, use the restraining order process instead.

Key decisions before you file

Before you file a Motion for Contempt in New Hampshire, 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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FACTS FOR A NEW HAMPSHIRE MOTION FOR CONTEMPT

State of New Hampshire Circuit Court, Family Division, [COUNTY] District Case No. [CASE NUMBER] [PETITIONER NAME] v. [RESPONDENT NAME]

These facts are prepared for transfer onto Judicial Branch Form NHJB-2838-Se, Motion for Contempt, which applies while this family case remains open. If this family case has already closed, use the Petition for Contempt, Form NHJB-2199-F, and its accompanying Personal Data Sheet, Form NHJB-2077-F, instead, and expect a filing fee and sheriff's service rather than mail notice. The Judicial Branch forms control what is filed.

ORDER VIOLATED. On [DATE THE ORDER WAS SIGNED], the Circuit Court, Family Division ordered [RESPONDENT NAME] to [DESCRIPTION OF THE ORDER, INCLUDING THE AMOUNT OR ACT REQUIRED].
KNOWLEDGE OF THE ORDER. [RESPONDENT NAME] knew of this order as of [DATE RESPONDENT LEARNED OF THE ORDER] because [RESPONDENT NAME] [WAS PRESENT IN COURT, WAS SERVED WITH A COPY, OR SIGNED A STIPULATION].
SPECIFIC VIOLATIONS. a. On [DATE OF FIRST VIOLATION], [RESPONDENT NAME] failed to [DESCRIPTION OF THE ACT OR OMISSION], resulting in [AMOUNT OWED OR TIME MISSED]. b. On [DATE OF SECOND VIOLATION], [RESPONDENT NAME] failed to [DESCRIPTION OF THE ACT OR OMISSION], resulting in [AMOUNT OWED OR TIME MISSED].
AMOUNT OWED. For a support or medical support order, [RESPONDENT NAME] currently owes [DOLLAR AMOUNT] for the period from [START DATE] through [END DATE].
RELIEF REQUESTED. [PETITIONER NAME] asks the court to find [RESPONDENT NAME] in contempt of the order described above and to order immediate compliance. [PETITIONER NAME] also asks the court to award reasonable costs and attorney's fees under RSA 458:51, which requires that award in a proceeding under RSA chapter 458 once the court finds the violation was without just cause, or, for parenting-time enforcement, under RSA 461-A:4-a(V).
PARENTING TIME. For denied or interfered-with parenting time under a parenting plan, [PETITIONER NAME] may instead, or in addition, use the Family Access Motion, Form NHJB-3258-F, which can seek compensatory parenting time, counseling, a fine of up to $500, and other relief under RSA 461-A:4-a.

SIGNATURE

Form NHJB-2838-Se and Form NHJB-2199-F each end in their own acknowledgment, signed before a notarial officer. That acknowledgment is completed on the official form, not on this facts sheet.

[PRINTED NAME OF PETITIONER] Date: [DATE]

SERVICE

While this case remains open, notice of this motion may be sent to [RESPONDENT NAME] by regular United States mail. If this case has closed and the Petition for Contempt is used instead, notice must be accomplished by a sheriff's service within New Hampshire, or by any person authorized to make service if [RESPONDENT NAME] is outside New Hampshire.

New Hampshire Requirements for Motion for Contempt

Open-Case Motion vs. Closed-Case Petition
New Hampshire uses a Motion for Contempt, Form NHJB-2838-Se, with no filing fee, while the underlying family case is open, and a Petition for Contempt, Form NHJB-2199-F, with a filing fee and a Personal Data Sheet, Form NHJB-2077-F, once that case has closed (N.H. Cir. Ct. Fam. Div. R. 2.31(B)).
Mail Service for Open Cases, Sheriff's Service for Closed Cases
Notice of an open-case Motion for Contempt may be sent by regular United States mail. A closed-case Petition for Contempt must be served by a sheriff within New Hampshire, or by any person authorized to make service if the other party is outside the state (N.H. Cir. Ct. Fam. Div. R. 2.31(B)).
No Contempt-Specific Notice Period Before Hearing
New Hampshire's contempt rule does not set a fixed number of days of notice before a contempt hearing. A separate general motion rule gives the other party 10 days from the filing date to respond before the court rules, unless an earlier ruling is needed (N.H. Cir. Ct. Fam. Div. R. 1.26(E)).
Notarized Acknowledgment or Sworn Statement
The Motion for Contempt and the Petition for Contempt both end in a notarized acknowledgment signed before a notarial officer. The Family Access Motion, Form NHJB-3258-F, instead requires the filer to swear or affirm the statement is true and correct, with a warning that a false statement can bring criminal penalties.
Mandatory Attorney's Fee Award
In a proceeding under RSA chapter 458, once the court finds a party failed without just cause to obey a prior order, RSA 458:51 requires the court to award the prevailing party reasonable costs and attorney's fees. For parenting-time enforcement, RSA 461-A:4-a(V) allows fees if requested and for good cause.
Incarceration Only After Notice and a Hearing
N.H. Cir. Ct. Fam. Div. R. 2.31(C) allows the court to order attachment, arrest, or incarceration for civil contempt after a finding of a violation and notice and an opportunity to be heard. The rule does not state a day or hour limit for general family-division contempt.
Family Access Motion Remedies for Parenting Time
For a substantial and material violation of court-ordered parenting time, RSA 461-A:4-a(IV) authorizes compensatory parenting time of not less than the time denied, violator counseling, a fine of up to $500 payable to the aggrieved party, a compliance bond, and an order to pay reunification counseling costs.
Ability to Comply Defense
The party seeking contempt carries the burden of showing the order was violated. No New Hampshire statute defines the contempt standard or an inability-to-comply defense; the other party may raise inability to comply under case law, and the court decides whether to find contempt.
Closed-Case Petition Content Requirements
A closed-case Petition for Contempt, Form NHJB-2199-F, requires the parties' names, dates of birth, addresses, and contact information, the names and dates of birth of any minor children, disclosure of TANF or Medicaid status, and the dollar amount owed if a support or medical support order is at issue.

Find out where you stand in New Hampshire

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

New Hampshire Requirements for Motion for Contempt

Open-Case Motion vs. Closed-Case Petition

Mail Service for Open Cases, Sheriff's Service for Closed Cases

No Contempt-Specific Notice Period Before Hearing

Notarized Acknowledgment or Sworn Statement

Mandatory Attorney's Fee Award

Incarceration Only After Notice and a Hearing

Family Access Motion Remedies for Parenting Time

Ability to Comply Defense

Closed-Case Petition Content Requirements

Frequently Asked Questions