What is a motion for contempt called in New York?

New York does not use one universal name or form. Enforcing a family court support order is a Petition - Violation of Support Order (Form 4-12) under Family Court Act Sections 453 and 454. Enforcing any other family court order, such as custody or visitation, is a general Petition (Violation of Court Order), General Form 8a. Enforcing a Supreme Court divorce, separation, or annulment judgment is a motion to punish for contempt under Domestic Relations Law Section 245.

Which New York form do I use to enforce an unpaid child or spousal support order?

Form 4-12, the Petition - Violation of Support Order, filed under Family Court Act Sections 453 and 454. General Form 8a specifically states it cannot be used for a support violation, so filing it instead can send the case down the wrong statute.

How much notice does the other party get before a New York contempt hearing?

It depends on the track. A support violation summons must generally be served at least 8 days before the court date under Family Court Act Section 427. A general civil contempt motion or order to show cause, used for custody, visitation, or a Supreme Court judgment, must be served no less than 10 and no more than 30 days before the hearing under Judiciary Law Section 756, with a mandatory bold warning on its face.

What if I could not afford to pay support in New York?

Nonpayment as ordered is prima facie evidence of a willful violation under Family Court Act Section 454(3)(a), but the respondent can raise an inability-to-pay or no-willfulness defense, and the court still decides whether the violation was willful before ordering any remedy.

Can denied parenting time in New York excuse a parent from paying child support?

No. Do not withhold support because parenting time was denied, and do not deny parenting time because support went unpaid. New York can treat either action as its own separate violation of a court order, on top of whatever dispute already exists.

Can a New York court change custody or support at a contempt hearing?

A violation petition asks the court to enforce the existing order, not to change it. A request to modify support or custody belongs in a separate modification proceeding. If domestic violence or a safety risk is involved, that belongs in New York's order of protection process rather than this petition.

New York Motion for Contempt

Q: Which New York form do I use for a violated custody or visitation order?

General Form 8a, the Petition (Violation of Court Order), which invokes the Family Court's civil contempt power under Family Court Act Section 156 and Judiciary Law Article 19. It is a different form and a different statute than the one used for a support violation.

Q: Can a New York court jail someone for violating a support order?

Only if the court finds, after a hearing, that the violation was willful, and then for no more than 6 months under Family Court Act Section 454(3)(a). Where the violation is a failure to do something the respondent can still do, Judiciary Law Section 774 allows jail only until the respondent does it. Jail is the court's decision alone, never something a petitioner can bring about on their own, and it is never automatic.

Q: Is there an alternative to filing a New York violation petition for unpaid child support?

Yes. New York's Office of Temporary and Disability Assistance, Division of Child Support Services, oversees the state's child support program, including enforcing support orders and collecting payments. A Family Court support order can also be enforced through an income deduction order under Family Court Act Section 448.

The form, the notice period, and the court that hears the case depend on whether the order being enforced is a support order, a custody or visitation order, or a Supreme Court divorce judgment.

Find out where you stand in New York

What court order is not being followed?

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Introduction

New York has no single motion for contempt. To enforce a family court support order, a parent or former spouse files a Petition - Violation of Support Order under Family Court Act Sections 453 and 454, using Form 4-12. To enforce any other family court order, such as a custody or visitation order, the correct paper is the general Petition (Violation of Court Order), Form 8a, which invokes the Family Court's civil contempt power under Family Court Act Section 156 and Judiciary Law Article 19. Form 8a states on its own face that it cannot be used for a support violation, so filing the wrong form can send the case down the wrong statute. A divorce, separation, or annulment judgment entered in Supreme Court is instead enforced by a motion to punish for contempt under Domestic Relations Law Section 245 and Judiciary Law Section 756. The two Family Court tracks also carry different notice: a support violation summons must generally be served at least 8 days before the respondent's court date under Family Court Act Section 427, while a general civil contempt motion or order to show cause must be served no less than 10 and no more than 30 days before the hearing under Judiciary Law Section 756, with a mandatory bold warning printed on its face. For a support violation, nonpayment as ordered is itself prima facie evidence of a willful violation under Family Court Act Section 454(3)(a), though the respondent can still show an inability to pay to defeat that finding. If the court finds a willful violation, it may jail the respondent for up to 6 months; where the violation is a failure to do something the respondent can still do, Judiciary Law Section 774 allows jail only until the respondent does it. In a support case the court must also order the willful respondent to pay the petitioner's counsel fees. Neither form carries a statutory mandatory-use requirement. New York's Office of Temporary and Disability Assistance oversees the state's child support program, including enforcing support orders and collecting payments, and a Family Court support order can also be enforced through an income deduction order under Family Court Act Section 448. The agency also runs an Access and Visitation program offering mediation and supervised exchange for a parenting time dispute. This page does not cover a request to change the underlying support or custody order, which belongs in a modification proceeding, or a situation involving domestic violence or an immediate safety risk, which belongs in New York's order of protection process. Attorney review is available before you file.

Key Things to Know

1
New York has no single motion for contempt: a support order violation is a Petition - Violation of Support Order under Family Court Act Sections 453 and 454 (Form 4-12), a custody or visitation violation is the general Petition (Violation of Court Order) (General Form 8a) under Family Court Act Section 156, and a Supreme Court divorce judgment is enforced by a motion under Domestic Relations Law Section 245.
2
Notice differs by track. A support violation summons must generally be served at least 8 days before the court date under Family Court Act Section 427. A general civil contempt motion or order to show cause must be served no less than 10 and no more than 30 days before the hearing under Judiciary Law Section 756, and must carry a bold printed warning that failure to appear can lead to arrest.
3
General Form 8a states on its own face that it cannot be used to enforce a child support order or certain Family Court dispositions. Using the wrong form can misdirect the case to the wrong statute, so match the form to the order being violated, and remember the court's own form controls over any sample.
4
For a support violation, nonpayment as ordered is itself prima facie evidence of willfulness under Family Court Act Section 454(3)(a), but the respondent can still raise an inability-to-pay or no-willfulness defense, and the court decides whether the violation was willful. A finding of contempt or jail is never automatic.
5
Do not stop paying support because parenting time was denied, and do not deny parenting time because support went unpaid. Either can itself be treated as a separate violation of a New York court order.
6
If the court finds a willful violation, it may order jail for up to 6 months, and where the violation is a failure to do something the respondent can still do, Judiciary Law Section 774 allows jail only until the respondent does it. A support case also carries mandatory counsel fees to the petitioner's attorney; jail is the court's decision, never the filer's to impose.
7
New York's Office of Temporary and Disability Assistance, Division of Child Support Services, oversees the enforcement of support orders and the collection of payments, a Family Court support order can be enforced through an income deduction order under Family Court Act Section 448, and the agency's Access and Visitation program offers mediation and supervised exchange for a parenting time dispute. A request to change the underlying order belongs in a modification proceeding, and a domestic violence or safety concern belongs in New York's order of protection process, not this petition.

Key decisions before you file

Before you file a Motion for Contempt in New York, 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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FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF [COUNTY]

In the Matter of a Proceeding Under the Family Court Act,

[PETITIONER NAME], Petitioner,

-against- Docket No. [DOCKET NUMBER]

[RESPONDENT NAME], Respondent.

PETITION (VIOLATION OF COURT ORDER)

This petition is prepared for a violation of a Family Court custody, visitation, or other order on General Form 8a, Petition (Violation of Court Order). It is not for a child support order, which is enforced on Form 4-12, Petition - Violation of Support Order, under Family Court Act Sections 453 and 454. The court's official form, not this draft, controls what is filed.

NOTICE: THE PURPOSE OF THE HEARING ON THIS PETITION IS TO PUNISH RESPONDENT FOR A CONTEMPT OF COURT, AND SUCH PUNISHMENT MAY CONSIST OF FINE OR IMPRISONMENT, OR BOTH.

WARNING: YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN YOUR IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT.

TO THE FAMILY COURT:

Petitioner [PETITIONER NAME], residing at [PETITIONER ADDRESS], respectfully alleges as follows.
On [DATE THE ORDER WAS SIGNED], the Family Court of [COUNTY] County entered an order directing Respondent [RESPONDENT NAME] to [WHAT THE ORDER DIRECTED RESPONDENT TO DO].
Respondent has failed to obey the order as follows: [EACH VIOLATION AND ITS DATE].
The children covered by this order are: [CHILD NAME], born [DATE OF BIRTH]; [CHILD NAME], born [DATE OF BIRTH].
Respondent's violation has defeated, impaired, impeded, or prejudiced Petitioner's rights or remedies under the order.
No previous application for the relief requested in this petition has been made to any court.

WHEREFORE, Petitioner asks the court to find that Respondent violated the order, to direct Respondent to comply with it, to impose a fine sufficient to indemnify Petitioner for any actual loss or, if no actual loss is shown, for Petitioner's costs and expenses, and to grant any further relief authorized by law. Petitioner understands that the court alone decides whether Respondent is in contempt and what remedy, if any, to impose.

VERIFICATION

I, [PETITIONER NAME], affirm under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the above statements are true to my own knowledge.

[SIGNATURE] [PETITIONER NAME] Dated: [DATE]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a copy of this petition and the order to show cause or notice of motion was served on Respondent [RESPONDENT NAME] by [METHOD OF SERVICE], no less than 10 and no more than 30 days before the hearing date.

[SIGNATURE] [NAME]

New York Requirements for Motion for Contempt

No Single Motion for Contempt
New York splits enforcement into a support violation petition under Family Court Act Sections 453 and 454 (Form 4-12), a general civil contempt petition under Family Court Act Section 156 and Judiciary Law Article 19 (General Form 8a) for other Family Court orders, and a Domestic Relations Law Section 245 motion for a Supreme Court judgment.
Form 4-12 For Support Violations
A Family Court support order is enforced with the Petition - Violation of Support Order, Form 4-12, filed under Family Court Act Sections 453 and 454.
General Form 8a Excludes Support Violations
General Form 8a states on its face that it cannot be used to enforce a child support order or certain Family Court dispositions; using it for a support violation can misdirect the case to the wrong statute.
Eight Day Notice For A Support Summons
A support violation summons must generally be served at least 8 days before the respondent's court date under Family Court Act Section 427.
Ten To Thirty Day Notice With Warning For General Contempt
A general civil contempt motion or order to show cause must be served no less than 10 and no more than 30 days before the hearing under Judiciary Law Section 756, with a mandatory bold printed warning that failure to appear can lead to arrest.
Nonpayment Is Prima Facie Willfulness
In a support case, nonpayment as ordered is itself prima facie evidence of a willful violation under Family Court Act Section 454(3)(a), though the respondent may still show an inability to pay.
Six Month Jail Cap
A willful support violation can lead to jail for up to 6 months under Family Court Act Section 454(3)(a), and general civil contempt is capped at 6 months under Judiciary Law Section 774, which allows jail only until the respondent performs an act still in their power to perform.
Mandatory Counsel Fees In A Support Case
When a support violation is found willful, the court must order the respondent to pay the petitioner's counsel fees under Family Court Act Section 454(3).
Statement That No Prior Application Was Made
The petition must state that no previous application for the relief requested has been made to any court, as required on General Form 8a.

Find out where you stand in New York

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

New York Requirements for Motion for Contempt

No Single Motion for Contempt

Form 4-12 For Support Violations

General Form 8a Excludes Support Violations

Eight Day Notice For A Support Summons

Ten To Thirty Day Notice With Warning For General Contempt

Nonpayment Is Prima Facie Willfulness

Six Month Jail Cap

Mandatory Counsel Fees In A Support Case

Statement That No Prior Application Was Made

Frequently Asked Questions