What is North Carolina's version of a motion for contempt?

North Carolina does not use the term 'motion for contempt' as a distinct filing. A parent or spouse files a sworn motion for civil contempt under N.C. Gen. Stat. section 5A-23(a1), asking the court to find the other party violated a support, custody, or property order. A judge can also issue a show-cause order on the movant's sworn statement under section 5A-23(a).

Does North Carolina require an official form for a contempt motion?

It depends on the order being enforced. For unpaid child support, the Administrative Office of the Courts publishes Form AOC-CV-601, a combined motion and show-cause order, and Form AOC-CV-602, an order the clerk or a judge issues on the obligee's affidavit under section 50-13.9(d). Neither carries a mandatory-use designation on its face, but the court's own form still controls what is filed. For custody, alimony, or a property term, some judicial districts, such as Judicial District 6 and Judicial District 12, publish local templates; a filer should confirm with the clerk of the district that entered the order.

Can a North Carolina court jail someone for contempt without any limit?

Jail is never automatic; the court must first find the other party had the ability to comply and disobeyed anyway. For ordinary civil contempt, imprisonment is capped at 90 days per violation, renewable to a 12-month total only after a new hearing. That cap does not apply to failure to pay child support or failure to comply with a non-monetary order such as a custody schedule; for those, the person may be imprisoned as long as the contempt continues, without a further hearing, until they comply.

What defenses can stop a North Carolina contempt finding?

The court cannot find civil contempt unless it finds the other party is able to comply with the order, or is able to take reasonable measures that would allow compliance. This inability-to-comply defense is built into the required elements. The movant carries the burden of proving each element when contempt is initiated by private motion under section 5A-23(a1).

Can a North Carolina court fine someone for contempt?

No. North Carolina bars any fine for civil contempt under N.C. Gen. Stat. section 5A-21(d). The court's remedy instead is an order specifying what the other party must do to purge the contempt, and jail if the court finds willful noncompliance. Attorney's fees in a support or custody case come from a separate statute, not the contempt statute itself, and are discretionary.

Why should a North Carolina parent not withhold child support because parenting time was denied?

Because that is not a lawful response. 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 order is enforced on its own.

Is there an alternative to contempt for collecting unpaid child support in North Carolina?

Yes. NC Child Support Services, the state's child support enforcement program, can pursue income withholding and suspension of an occupational, professional, or driver's license for a delinquent obligor without a contempt hearing. A contempt motion remains available when those tools do not bring the other party into compliance.

Can a North Carolina contempt hearing also change custody or the support amount, or address domestic violence?

No. A contempt hearing addresses only whether the existing order was violated. Changing the support amount or the custody schedule requires a separate modification filing. If domestic violence or an ongoing safety risk is involved, North Carolina's protective order process is the appropriate route rather than confronting the other party directly.

North Carolina Motion for Contempt

Q: How must a North Carolina contempt motion be served, and how much notice is required?

A copy of the motion and notice of hearing must be served at least five days before the hearing unless the court finds good cause for shorter notice. For the general motion route, service can be by personal delivery, leaving a copy at the other party's home, leaving a copy with their attorney, or by mail. The child-support-specific combined order, AOC-CV-602, must instead be served under Rule 4 of the Rules of Civil Procedure, with the sheriff's return of service on the form.

The motion must be served at least five days before the hearing, and while North Carolina bars any fine for civil contempt, jail for unpaid child support or a non-monetary violation like custody can continue without the usual 90-day cap.

Find out where you stand in North Carolina

What court order is not being followed?

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Introduction

North Carolina has no filing called a 'motion for contempt' as a distinct legal term. To enforce a family court order, a parent or spouse files a sworn motion for civil contempt under N.C. Gen. Stat. section 5A-23(a1), or asks the court to issue a show-cause order under section 5A-23(a). For unpaid child support specifically, the Administrative Office of the Courts publishes two forms. AOC-CV-601 (Motion And Order To Show Cause For Failure To Comply With Order In Child Support Action) pairs the sworn motion with the show-cause order in one document. AOC-CV-602 (Order To Appear And Show Cause For Failure To Comply With Support Order) is an order the clerk or a district court judge issues on the obligee's affidavit under N.C. Gen. Stat. section 50-13.9(d), combining income withholding and license relief with contempt. Neither form carries a mandatory-use designation on its face, but the court's own form still controls what is filed. The statewide AOC contempt forms are built for the child support track; for custody, alimony, or a property term, some judicial districts, such as Judicial District 6 and Judicial District 12, publish their own local motion templates, and a filer should check with the clerk of the district where the order was entered. The case is heard in the District Court Division of the General Court of Justice, unless a superior court or an appellate court entered the underlying order, in which case that court hears the contempt proceeding instead. A copy of the motion and notice must be served on the other party at least five days before the hearing unless the court finds good cause for shorter notice. For the general motion route, service can be by personal delivery, leaving a copy at the other party's home, leaving a copy with their attorney, or by mail; the AOC-CV-602 order must instead be served under Rule 4, with the sheriff's return of service on the form. When contempt is initiated by private motion under section 5A-23(a1), the movant carries the burden of proof. On either route, the court must find the order is still in force, its purpose can still be served by compliance, the noncompliance was willful, and the other party is able to comply or take reasonable measures to do so; a contempt finding and jail are never automatic, and an inability-to-comply defense can defeat the motion entirely. North Carolina bars any fine for civil contempt. Do not withhold child support because parenting time was denied, and do not deny parenting time because support is unpaid; either can itself be treated as contempt. If domestic violence or a safety risk is involved, use North Carolina's protective order process rather than confronting the other party. This page does not cover changing the amount of support or the custody schedule; that requires a separate motion. For unpaid child support, NC Child Support Services can also pursue income withholding or license revocation apart from a contempt filing. The court's own form and file controls what is filed. Attorney review is available before filing.

Key Things to Know

1
North Carolina does not use the term 'motion for contempt.' A movant files a sworn motion for civil contempt under N.C. Gen. Stat. section 5A-23(a1). For unpaid child support, the Administrative Office of the Courts publishes AOC-CV-601, which pairs the motion with the show-cause order, and AOC-CV-602, an order the clerk or judge issues on the obligee's affidavit; neither carries a mandatory-use designation on its face, but the court's own form controls. For custody, alimony, or a property term, some judicial districts, such as Districts 6 and 12, publish local templates.
2
The case is heard in the District Court Division of the General Court of Justice, unless a superior or appellate court entered the order being enforced, in which case that court hears the contempt proceeding instead.
3
A copy of the motion and notice of hearing must be served on the other party at least five days before the hearing unless the court finds good cause for shorter notice. The general motion route allows personal delivery, leaving a copy at the other party's home, leaving a copy with their attorney, or mail; the child-support-specific combined order (AOC-CV-602) must instead be served under Rule 4, with the sheriff's return of service on the form.
4
The court cannot find civil contempt unless it finds the other party is able to comply with the order, or is able to take reasonable measures that would allow compliance. This ability-to-comply defense is built into the elements the movant must prove, not something the other party must separately raise.
5
Do not withhold child support because parenting time was denied, and do not deny parenting time because support is unpaid. Either move is not a lawful response and can itself become the basis for a contempt finding against the parent who does it.
6
North Carolina bars any fine for civil contempt. Jail for ordinary civil contempt is capped at 90 days per violation, renewable to a 12-month total only after a new hearing, but that cap does not apply to failure to pay child support or failure to comply with a non-monetary order like a custody schedule; for those, jail can continue without a further hearing until the contempt is purged.
7
This motion does not change how much support is owed or who has custody; a separate filing handles that. NC Child Support Services can pursue income withholding and license revocation for unpaid child support without a contempt hearing. If domestic violence or a safety risk is involved, use the protective order process instead.

Key decisions before you file

Before you file a Motion for Contempt in North Carolina, 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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SWORN MOTION FOR CIVIL CONTEMPT AND NOTICE OF HEARING

STATE OF NORTH CAROLINA COUNTY OF [COUNTY] IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION FILE NO. [FILE NUMBER]

[MOVANT NAME], Movant,

[RESPONDENT NAME], Respondent.

This motion is filed under N.C. Gen. Stat. section 5A-23(a1). If the violation involves unpaid child support, North Carolina's Administrative Office of the Courts publishes Form AOC-CV-601 (Motion And Order To Show Cause For Failure To Comply With Order In Child Support Action) and Form AOC-CV-602 (Order To Appear And Show Cause For Failure To Comply With Support Order) for that track, and the court's own form controls what is filed in place of this draft.

THE ORDER. On [DATE THE ORDER WAS ENTERED], the [NAME OF COURT THAT ENTERED THE ORDER] entered an order in this file requiring Respondent to [DESCRIPTION OF WHAT THE ORDER REQUIRES, INCLUDING THE DOLLAR AMOUNT OR ACT]. That order remains in full force, and its purpose can still be served by Respondent's compliance.
EACH VIOLATION. a. On [DATE OF FIRST VIOLATION], Respondent failed to [DESCRIPTION OF THE ACT OR OMISSION], resulting in [AMOUNT OWED OR TIME MISSED]. b. On [DATE OF SECOND VIOLATION], Respondent failed to [DESCRIPTION OF THE ACT OR OMISSION], resulting in [AMOUNT OWED OR TIME MISSED]. Total arrears or time missed as of the date of this motion: [TOTAL AMOUNT OR TIME].
WILLFULNESS AND ABILITY TO COMPLY. Respondent's noncompliance was willful. On information and belief, Respondent is able to comply with the order, or is able to take reasonable measures that would allow compliance, because [FACTS SHOWING RESPONDENT'S INCOME, ASSETS, OR ABILITY TO ACT].
PRIOR PROCEEDINGS. [STATE WHETHER MOVANT HAS PREVIOUSLY SOUGHT CONTEMPT ON THIS ORDER, AND THE RESULT, OR STATE THAT NONE HAS BEEN SOUGHT].
RELIEF REQUESTED. Movant asks the court to find Respondent in civil contempt, to enter an order specifying the action Respondent must take to purge the contempt, and to grant any other relief the court finds appropriate. This motion does not ask the court to impose a fine, and does not ask the court to change the amount of support, custody, or the property terms of the underlying order.

VERIFICATION

I, [MOVANT NAME], being first duly sworn, state that I have read this motion and that its contents are true of my own knowledge, except as to matters stated on information and belief, and as to those I believe them to be true.

[SIGNATURE OF MOVANT] [PRINTED NAME OF MOVANT]

Sworn to and subscribed before me this [DATE] day of [MONTH], [YEAR].

[SIGNATURE AND SEAL OF NOTARY PUBLIC]

NOTICE OF HEARING

This motion will be heard on [HEARING DATE] at [HEARING TIME] in [COURTROOM AND COUNTY], District Court Division. A copy of this motion and this notice must be served on Respondent at least five days before the hearing unless the court finds good cause for shorter notice.

CERTIFICATE OF SERVICE

I certify that a copy of this motion and notice of hearing was served on Respondent on [DATE OF SERVICE] by [METHOD OF SERVICE: PERSONAL DELIVERY, LEAVING A COPY AT RESPONDENT'S DWELLING, LEAVING A COPY WITH RESPONDENT'S ATTORNEY, OR U.S. MAIL].

[SIGNATURE OF PERSON CERTIFYING SERVICE] [PRINTED NAME]

North Carolina Requirements for Motion for Contempt

Sworn Motion Under G.S. 5A-23(a1)
The motion must include a sworn statement or affidavit by the movant setting forth the reasons why the other party should be held in civil contempt, filed under N.C. Gen. Stat. section 5A-23(a1).
Child Support Track Uses AOC-CV-601 or AOC-CV-602
For unpaid child support, the Administrative Office of the Courts publishes AOC-CV-601, a combined Motion And Order To Show Cause the movant files, and AOC-CV-602, an Order To Appear And Show Cause the clerk or a judge issues on the obligee's affidavit under N.C. Gen. Stat. section 50-13.9(d). Neither carries a mandatory-use designation on its face, but the court's own form controls what is filed.
Local Forms for Custody, Alimony, or Property Contempt
The statewide AOC contempt forms are built for the child support track; for other orders, some judicial districts, such as Judicial District 6 and Judicial District 12, publish their own local templates. A filer should confirm with the clerk of the district that entered the order which form, if any, that court requires.
Five-Day Notice Before the Hearing
A copy of the motion and notice must be served on the other party at least five days before the hearing unless the court finds good cause for shorter notice (N.C. Gen. Stat. section 5A-23(a), (a1)).
Service Method Depends on the Route
The general civil contempt motion may be served by personal delivery, leaving a copy at the other party's home, leaving a copy with their attorney, or by mail. The child-support-specific combined order, AOC-CV-602, must be served under Rule 4 of the Rules of Civil Procedure, with the sheriff's return of service on the form.
Ability-to-Comply Is a Required Element
The court cannot find civil contempt unless it finds the other party is able to comply with the order, or is able to take reasonable measures that would allow compliance (N.C. Gen. Stat. section 5A-21(a)).
No Fine for Civil Contempt
North Carolina bars any fine for civil contempt; the remedy is limited to a purge condition and jail for willful noncompliance (N.C. Gen. Stat. section 5A-21(d)).
90-Day Jail Cap With a Support and Custody Exception
Ordinary civil contempt jail time is capped at 90 days per violation, renewable to a 12-month total only after a new hearing. That cap does not apply to failure to pay child support or failure to comply with a non-monetary order such as custody, where jail can continue without a further hearing until the contempt is purged (N.C. Gen. Stat. section 5A-21(b), (b2)).
Purge Condition Required
An order finding civil contempt must specify the action the other party must take to purge the contempt (N.C. Gen. Stat. section 5A-23(e)).

Find out where you stand in North Carolina

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

North Carolina Requirements for Motion for Contempt

Sworn Motion Under G.S. 5A-23(a1)

Child Support Track Uses AOC-CV-601 or AOC-CV-602

Local Forms for Custody, Alimony, or Property Contempt

Five-Day Notice Before the Hearing

Service Method Depends on the Route

Ability-to-Comply Is a Required Element

No Fine for Civil Contempt

90-Day Jail Cap With a Support and Custody Exception

Purge Condition Required

Frequently Asked Questions