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

New Jersey calls it a motion to enforce litigant's rights, filed under Rule 1:10-3 and the family remedies in Rule 5:3-7. It is filed in the same family court case, under the existing docket number, using a Notice of Motion and a supporting Certification rather than a new lawsuit.

What forms does a New Jersey motion to enforce litigant's rights need?

The New Jersey Judiciary publishes a self-help packet, CN 10483, with a Notice of Motion (Form A), a Certification in support (Form B) checking the Enforce Litigants' Rights box, and a Certification of Filing and Service (Form C or D). The packet is not mandatory; the motion must simply comply with Rule 5:5-4, and the court's own rules control what is filed.

How must a New Jersey motion to enforce litigant's rights be served?

It may be served by regular and certified mail, return receipt requested, by a process server, courier, or adult neutral third party who files an affidavit of service, or by the movant personally with a notarized acknowledgement of service on Form H. Two copies of the papers must be served, at least 24 calendar days before the hearing, or 27 calendar days if served by mail.

Can a New Jersey family court order jail time for violating an order?

It can, but it is never automatic, and the court decides. Under Rule 5:3-7, incarceration with or without work release is one of several remedies for a support or parenting time violation, but New Jersey's rule sets no fixed cap on the length. Any order committing a party to jail must state the specific terms the party must meet to be released.

What must the movant show in a New Jersey motion to enforce litigant's rights?

The movant must show a valid, existing order and the other party's noncompliance with it. Rule 1:10-3 lets a litigant seek relief by application in the case even though the conduct may also be contempt, so this motion is separate from New Jersey's contempt track under Rule 1:10-2. The court decides what relief, if any, to grant.

Why should a New Jersey parent not withhold support because parenting time was denied?

Because that is not a lawful way to respond. Withholding support due to denied parenting time, or denying parenting time due to unpaid support, can itself become a violation the other party can enforce against you. New Jersey handles each obligation through its own enforcement motion.

Is there a faster way to collect unpaid child support in New Jersey than filing a motion?

Often yes. The New Jersey Child Support Program, administered through the county Probation Division, can pursue tax refund offset, bank levies, seizure of assets, lottery winnings interception, and passport denial once arrears reach 2,500 dollars, all without a new court motion. Support is also paid by income withholding by default unless the order provides otherwise.

Can a New Jersey enforcement motion also change custody, support amounts, or address domestic violence?

Partly. For a custody or parenting time violation, Rule 5:3-7 lets the court temporarily or permanently modify the custodial arrangement if that is in the children's best interest. Changing the support amount requires a separate application, and a domestic violence restraining order is handled through the county Family Division rather than through this motion.

New Jersey Motion for Contempt

The papers can go out by regular and certified mail instead of personal service, as long as they are mailed at least 27 calendar days before the hearing.

Find out where you stand in New Jersey

What court order is not being followed?

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Introduction

New Jersey does not have a 'motion for contempt' as its family court enforcement tool. Instead, a parent or spouse who is owed support, parenting time, or another order asks the court to enforce it through a motion to enforce litigant's rights under Rule 1:10-3 and the family-specific remedies in Rule 5:3-7, filed in the same case under the existing docket number. The New Jersey Judiciary publishes a self-help packet, CN 10483, the Family Multi-Purpose Post Judgment Motion Packet, with a Notice of Motion (Form A) and a supporting Certification (Form B) that checks the box for Enforce Litigants' Rights; the packet is not a mandatory form, and any motion that complies with Rule 5:5-4 will do, but the court's own rule controls what must be filed. Because this motion is framed as an alternative to contempt rather than contempt itself, it is separate from New Jersey's harsher contempt track under Rule 1:10-2, and the movant must show a valid, existing order and the other party's noncompliance with it. The completed papers may be served by regular and certified mail, return receipt requested, by a process server, courier, or adult neutral third party who files an affidavit of service, or by the movant with a notarized acknowledgement of service on Form H. Service must occur at least 24 calendar days before the hearing, or 27 calendar days if served by mail, and a copy of the order being enforced must be attached to the certification. The court's remedy menu depends on what was violated: for parenting time, it can order compensatory time with the children, economic sanctions, a change in the pickup or exchange arrangement, or, if in the children's best interest, a temporary or permanent change to the custodial arrangement; for support, it can fix arrears and enter judgment, order periodic payment, or suspend a license. For either category the court may also order incarceration with or without work release, but New Jersey's rule sets no fixed cap on the length, and any commitment order must state the terms the other party must meet to be released. Jail is never automatic; the court decides what relief, if any, to order. Do not withhold support because parenting time was denied, and do not deny parenting time because support is unpaid; either can itself become a violation the other party can enforce against you. This page does not cover changing the support amount, which requires a separate application, and does not cover a domestic violence restraining order, which the county Family Division handles separately. For unpaid child support, the New Jersey Child Support Program, administered through the county Probation Division, can pursue tax refund offset, bank levies, and passport denial without a new court motion, and support is paid by income withholding by default unless the order provides otherwise. The court's own forms, not this page, control what is filed. Attorney review is available before filing.

Key Things to Know

1
New Jersey calls this a motion to enforce litigant's rights, brought under Rule 1:10-3 and the family remedies in Rule 5:3-7, not a motion for contempt. The New Jersey Judiciary's self-help packet, CN 10483, includes a Notice of Motion (Form A) and Certification (Form B) checking the Enforce Litigants' Rights box; the packet is not mandatory, but the motion must comply with Rule 5:5-4.
2
The papers may be served by regular and certified mail, return receipt requested, by a process server, courier, or adult neutral third party who files an affidavit of service, or by the movant with a notarized acknowledgement of service on Form H. Two copies of the motion papers must be served, at least 24 calendar days before the hearing, or 27 calendar days if served by mail (Rule 5:5-4(c)).
3
The certification must describe the order, how and when the other party failed to comply, and must attach a copy of the order itself (Rule 5:5-4(a)(3)). If support is paid or received through Probation, include the Probation Child Support account number, and attach a proposed form of order.
4
Because Rule 1:10-3 is framed as an alternative to contempt, this motion is separate from New Jersey's harsher contempt track under Rule 1:10-2. The movant must show a valid, existing order and the other party's noncompliance with it, and the court decides what relief, if any, to order. Incarceration is never automatic, and any commitment order must state the terms for release.
5
Remedies differ by what was violated: parenting time violations can bring compensatory time with the children, economic sanctions, or a change in exchange arrangements; support violations can bring a fixed arrears judgment, periodic payment orders, or license suspension. Both categories allow incarceration with or without work release, but New Jersey's rule sets no fixed cap on the length, and any commitment order must state the terms for release. Counsel fees are available but discretionary.
6
Do not withhold court-ordered support because parenting time was denied, and do not deny parenting time because support is unpaid. Either move can itself become a violation the other party can enforce against you, since New Jersey handles each obligation separately.
7
This motion does not change the support amount; a separate application is required for that. For a parenting time violation, the court can modify the custodial arrangement only if that is in the children's best interest. For unpaid child support, the New Jersey Child Support Program, reached through the county Probation Division, can pursue tax refund offset, bank levies, and passport denial without a new motion. If domestic violence or a safety risk is involved, contact the county Family Division about a restraining order rather than confronting the other party.

Key decisions before you file

Before you file a Motion for Contempt in New Jersey, 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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CERTIFICATION IN SUPPORT OF MOTION TO ENFORCE LITIGANT'S RIGHTS

Superior Court of New Jersey Chancery Division, Family Part, [COUNTY] County Docket No. [DOCKET NUMBER] [PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAME], Defendant.

This certification supports a Notice of Motion (Form A) to enforce litigant's rights, filed with the New Jersey Judiciary's Family Multi-Purpose Post Judgment Motion Packet, CN 10483, checking the box for Enforce Litigants' Rights, under Rule 1:10-3 and Rule 5:3-7. The motion must comply with Rule 5:5-4; the court's own rules and forms control what is filed.

THE ORDER. On [DATE THE ORDER WAS ENTERED], this court entered an order requiring [DEFENDANT NAME] to [DESCRIPTION OF THE ORDER, INCLUDING THE AMOUNT OR ACT REQUIRED]. A copy of that order is attached to this certification.
NONCOMPLIANCE. a. On [DATE OF FIRST VIOLATION], [DEFENDANT NAME] failed to [DESCRIPTION OF THE ACT OR OMISSION], resulting in [AMOUNT OWED OR TIME MISSED]. b. On [DATE OF SECOND VIOLATION], [DEFENDANT NAME] failed to [DESCRIPTION OF THE ACT OR OMISSION], resulting in [AMOUNT OWED OR TIME MISSED]. c. [ADDITIONAL DATES AND DESCRIPTIONS OF NONCOMPLIANCE]
TOTAL IMPACT. As of the date of this certification, the total unpaid amount is [DOLLAR AMOUNT], covering the period from [START DATE] through [END DATE], or [DESCRIPTION OF THE PARENTING TIME OR OTHER RELIEF DENIED].
SUPPORT ACCOUNT. If support in this case is paid or received through the Probation Division, the account number is [PROBATION CS ACCOUNT NUMBER].
PRIOR APPLICATIONS. I [HAVE OR HAVE NOT] previously filed a motion to enforce this order. [RESULT OF ANY PRIOR APPLICATION, OR STATE NONE].
RELIEF REQUESTED. I ask the court to enforce the order described above and to grant relief under Rule 5:3-7, including [SPECIFIC RELIEF REQUESTED, SUCH AS COMPENSATORY PARENTING TIME, ECONOMIC SANCTIONS, A FIXED ARREARS JUDGMENT, OR PERIODIC PAYMENT OF ARREARS]. I also ask the court to award counsel fees under Rule 1:10-3.

I certify that the statements made above are true. I am aware that if any of the statements made by me are willfully false, I am subject to punishment by the Court.

[DATE OF SIGNING] [SIGNATURE OF CERTIFYING PARTY] [PRINTED NAME] [ADDRESS] [CITY, NEW JERSEY ZIP]

CERTIFICATION OF SERVICE

Two copies of the Notice of Motion, this certification, and all attachments were served on [DEFENDANT NAME] on [DATE OF SERVICE] by [REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR PERSONAL SERVICE WITH AN AFFIDAVIT OR NOTARIZED ACKNOWLEDGEMENT ON FORM H], at least 24 calendar days before the [DATE OF THE MOTION RETURN DATE] return date, or 27 calendar days before that date if served by mail.

[SIGNATURE] [PRINTED NAME]

New Jersey Requirements for Motion for Contempt

CN 10483 Self-Help Packet, Not Mandatory
The New Jersey Judiciary's Family Multi-Purpose Post Judgment Motion Packet, CN 10483, includes a Notice of Motion (Form A) and Certification (Form B) checking the Enforce Litigants' Rights box. The packet is not a rule-mandated statewide form; any motion that complies with Rule 5:5-4 satisfies the requirement.
Enforcement Motion as an Alternative to Contempt
Rule 1:10-3 lets a litigant seek relief for a disobeyed order by application in the existing case, even though the conduct may also be contempt, separate from New Jersey's contempt track under Rule 1:10-2. The movant must show a valid order and noncompliance with it.
Mail or Personal Service Permitted
The motion may be served by regular and certified mail, return receipt requested, by a process server, courier, or adult neutral third party who files an affidavit of service, or by the movant with a notarized acknowledgement of service on Form H. Two copies of all motion papers must be served.
24-Day Notice, 27 Days If Served by Mail
The motion papers must be served at least 24 calendar days before the hearing, or 27 calendar days if served by mail (Rule 5:5-4(c)). Opposing certifications are due 15 days before the return date, and replies are due 8 days before the return date.
Certification, Not a Notarized Affidavit
New Jersey allows an unsworn certification, under penalty of the court's sanction for willfully false statements, in place of a notarized affidavit (Rule 1:4-4). Certifications are capped at 25 pages absent good cause (Rule 5:5-4(b)).
Copy of the Order Must Be Attached
A copy of the order or judgment sought to be enforced must be appended to the certification filed in support of the motion (Rule 5:5-4(a)(3)).
Family Remedy Menu With No Statutory Jail Cap
Rule 5:3-7 lists remedies including compensatory parenting time, economic sanctions, a fixed arrears judgment, license suspension, and incarceration with or without work release. Unlike states with an hour or day cap, New Jersey's rule sets no fixed limit, and any commitment order must specify the terms for release.
Discretionary Counsel Fees
The court may, in its discretion, award counsel fees to a party who obtains relief under Rule 1:10-3; an award is not automatic.
Support Enforcement Without a New Motion
The New Jersey Child Support Program, administered through the county Probation Division, can pursue tax refund offset, bank levies, and passport denial once arrears reach 2,500 dollars, without a new court motion.

Find out where you stand in New Jersey

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

New Jersey Requirements for Motion for Contempt

CN 10483 Self-Help Packet, Not Mandatory

Enforcement Motion as an Alternative to Contempt

Mail or Personal Service Permitted

24-Day Notice, 27 Days If Served by Mail

Certification, Not a Notarized Affidavit

Copy of the Order Must Be Attached

Family Remedy Menu With No Statutory Jail Cap

Discretionary Counsel Fees

Support Enforcement Without a New Motion

Frequently Asked Questions