What is Oregon's version of a motion for contempt?

Oregon calls it a Complaint, Declaration in Support, and Ex Parte Motion for Order to Show Cause Re: Contempt, filed under ORS 33.055 in the circuit court that entered the order being enforced. A judge who signs the Order to Show Cause sets a hearing date, and the other party must then be served and appear.

Is there an official Oregon form for a contempt complaint?

There is no numbered, mandatory statewide form. The Oregon Judicial Department publishes a statewide self-help template, and individual circuit courts may re-brand or vary that template, so check with the circuit court clerk for the version used in that county before filing.

Can Oregon's contempt process be used to collect unpaid child support?

Yes, in part. Oregon law bars using contempt to collect an ordinary money judgment, but it makes an exception for support and attorney fees in family law matters. The OJD self-help contempt forms, however, are not designed for a monthly cash child support award, and they can be used for spousal support, a child's uninsured medical costs and other extra child-related payments. For monthly child support, the Oregon Child Support Program is usually the better route.

Can Oregon's contempt process enforce a denied parenting time order?

The standard contempt forms are not meant for custody or parenting time enforcement. ORS 107.434 provides a separate expedited parenting time enforcement procedure with a hearing required no later than 45 days after filing, and it can award additional parenting time to make up for what was denied.

How much notice does the other party get before an Oregon contempt hearing?

The judge fills in the hearing date and courtroom when signing the Order to Show Cause, and the OJD form does not state a minimum lead time. Ask the circuit court clerk how much notice before the hearing is required in that court.

What defense can defeat an Oregon contempt motion?

Inability to comply is an affirmative defense the defendant may raise and prove. If the defendant shows a genuine inability to comply with the order, the court can decline to find contempt even where nonpayment or another violation is undisputed.

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

No. Withholding support because parenting time was denied, or denying parenting time because support is unpaid, is not a lawful response in Oregon and can itself be treated as contempt against the parent who does it.

Oregon Motion for Contempt

Q: How must the other party be served in an Oregon contempt case?

Personally, in the manner ORCP 7 requires. The filer cannot serve the papers. If the other party earlier signed a Waiver of Personal Service under ORS 107.835 to protect a confidential address, service instead goes to the address or agent named in that waiver.

Q: Can an Oregon court send someone to jail for contempt?

It can, but only after a hearing, and jail is never automatic. Remedial confinement is capped at six months or until the contempt ends, whichever is shorter, and functions as a purge condition: once the defendant complies, the confinement ends.

Oregon's own contempt forms cannot be used to collect unpaid child support or enforce parenting time, so those disputes usually get resolved through a different process entirely, and any jail time is a purge-conditioned last resort capped at six months.

Find out where you stand in Oregon

What court order is not being followed?

DocDraft provides document preparation, not legal advice.

Introduction

Oregon does not use the term motion for contempt. To enforce a family court order, a parent or spouse files a Complaint, Declaration in Support, and Ex Parte Motion for Order to Show Cause Re: Contempt in the circuit court that entered the underlying order, asking a judge to sign an Order to Show Cause setting a hearing (ORS 33.055(1)-(2)). There is no numbered, mandatory statewide form. Instead, the Oregon Judicial Department publishes a statewide self-help template titled Instruction - Remedial Contempt, which bundles the Complaint and Declaration, the proposed Order to Show Cause, a Declaration of Service, a Response to Complaint, and a proposed General Judgment for Contempt and Money Award; individual circuits re-brand or vary this packet, so check with the circuit court clerk before filing. Critically, these forms cannot be used to collect a monthly child support award or to enforce a custody or parenting time order. Oregon law generally bars using contempt to collect a money judgment at all, carving out only support and attorney fees in family law matters as an exception. Contempt can still enforce spousal support, a child's uninsured medical costs, and other extra child-related payments separate from the monthly child support amount, but a parent chasing unpaid monthly child support should contact the Oregon Child Support Program instead, and a parent denied parenting time should use the separate expedited parenting time enforcement procedure under ORS 107.434, which guarantees a hearing within 45 days. Once filed, the defendant must be personally served with the Complaint and the Order to Show Cause together, after the judge signs the order, in the manner ORCP 7 requires; the filer cannot serve the papers. A party who earlier signed a Waiver of Personal Service under ORS 107.835 to protect a confidential address may instead be served at the address or through the agent named in that waiver. The judge fills in the hearing date when signing the Order to Show Cause; ask the circuit court clerk how much notice before the hearing is required. At the hearing, the filer must prove by clear and convincing evidence, or beyond a reasonable doubt if confinement is requested, that a valid order existed, the defendant had the power to comply, and the disobedience was willful; the court decides whether contempt occurred, and a finding or jail is never automatic. Inability to comply is an affirmative defense the defendant may raise and prove. If the court finds contempt, remedial confinement is capped at six months or until the contempt ends, whichever is shorter, and works as a purge condition that ends once the defendant complies; a daily monetary sanction is capped at $500 or one percent of the defendant's annual gross income, whichever is greater, for each day the contempt continues. 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 page does not cover changing the amount of support or the custody schedule; DocDraft's child support modification and parenting plan pages cover that. If domestic violence or a safety risk is involved, use DocDraft's getting a restraining order guide rather than confronting the other party. The Oregon Judicial Department's template, and each circuit's local version of it, controls what is actually filed. Attorney review is available before filing.

Key Things to Know

1
Oregon calls this a Complaint, Declaration in Support, and Ex Parte Motion for Order to Show Cause Re: Contempt, filed under ORS 33.055 in the circuit court that entered the order. There is no mandatory numbered form; the Oregon Judicial Department publishes a statewide self-help template that individual circuits may re-brand or vary, so check with the circuit court clerk.
2
These OJD self-help forms cannot be used to enforce a monthly child support award or a custody or parenting time order. Oregon law generally bars using contempt to collect a money judgment at all, with only support and attorney fees in family law matters carved out as exceptions. Contempt can still enforce spousal support, a child's uninsured medical costs, and other extra child-related payments separate from monthly child support.
3
The defendant must be personally served with the Complaint and the Order to Show Cause together, after the judge signs the order, in the manner ORCP 7 requires, and the filer cannot serve the papers. The judge sets the hearing date; ask the circuit court clerk how much notice before the hearing is required. A Certificate of Service must reach the court within 63 days of filing or the court may send a notice of dismissal.
4
If confinement is requested, the standard of proof is beyond a reasonable doubt; for any other remedy it is clear and convincing evidence. Inability to comply is an affirmative defense the defendant must raise and prove, so a contempt finding is never automatic.
5
Remedial confinement is capped at six months or until the contempt ends, whichever is shorter, and works as a purge condition: compliance ends the confinement. A daily monetary sanction is capped at $500 or one percent of the defendant's annual gross income, whichever is greater, for each day the contempt continues.
6
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 in Oregon.
7
For unpaid child support, contact the Oregon Child Support Program instead of filing this motion. For denied parenting time, ORS 107.434's expedited enforcement procedure guarantees a hearing within 45 days and can award make-up parenting time, something the contempt forms do not provide on their own.

Key decisions before you file

Before you file a Motion for Contempt in Oregon, 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

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR [COUNTY] COUNTY

[PLAINTIFF NAME], Plaintiff, and [DEFENDANT NAME], Defendant.

Case No. [UNDERLYING CASE NUMBER]

COMPLAINT, DECLARATION IN SUPPORT, AND EX PARTE MOTION FOR ORDER TO SHOW CAUSE RE: CONTEMPT

I, [PLAINTIFF NAME], declare:

IDENTIFICATION OF THE ORDER

A. This action concerns an order or judgment entered by the Circuit Court for [COUNTY] County on [DATE THE ORDER WAS SIGNED], titled [TITLE OF THE ORDER OR JUDGMENT].

B. The order required Defendant to [DESCRIPTION OF THE ORDER PROVISION AT ISSUE, SUCH AS SPOUSAL SUPPORT, ATTORNEY FEES, DELIVERY OF PROPERTY, OR A SIGNATURE ON A DOCUMENT].

C. This action is filed in Case No. [UNDERLYING CASE NUMBER], in which I am the [PETITIONER OR RESPONDENT] in that case.

D. Defendant had knowledge of the order because Defendant [WAS PRESENT WHEN THE ORDER WAS SIGNED, WAS SERVED WITH A COPY, OR SIGNED A STIPULATION, WITH THE DATE].

E. Defendant has had the power to follow the order described above.

F. Not more than two years have passed since the act or omission constituting the contempt described below, or, if the contempt concerns support arrears, not more than ten years.

ALLEGATIONS

Allegation 1: On or about [DATE OF FIRST VIOLATION], Defendant failed to [DESCRIPTION OF HOW THE ORDER WAS NOT FOLLOWED, WITH THE AMOUNT OWED OR ACT OMITTED].

Allegation 2: On or about [DATE OF SECOND VIOLATION], Defendant failed to [DESCRIPTION OF HOW THE ORDER WAS NOT FOLLOWED, WITH THE AMOUNT OWED OR ACT OMITTED].

Additional allegations, each with its own date and amount, are numbered Allegation 3 and following on an attached page.

RELIEF REQUESTED

I ask the court to find Defendant in contempt of the order described above and to impose the remedial sanction(s) under ORS 33.105 checked below:

[ ] A. Confinement, for so long as the contempt continues or six months, whichever is shorter; [ ] B. A monetary sanction not to exceed $500 or one percent of Defendant's annual gross income, whichever is greater, for each day the contempt continues; [ ] C. An order designed to ensure compliance with the prior order, including probation; [ ] D. Payment of all or part of the attorney fees I have incurred because of this contempt, in the amount of [DOLLAR AMOUNT]; [ ] E. Any other remedial sanction the court finds would be an effective remedy for the contempt.

I understand that if confinement is requested, contempt must be proven beyond a reasonable doubt; for any other sanction, it must be proven by clear and convincing evidence.

I declare under penalty of perjury that the foregoing is true and complete to the best of my knowledge and belief, and I understand it is made for use in court and that I am subject to penalty for perjury.

Dated: [DATE OF SIGNING]

[SIGNATURE OF PLAINTIFF] [PRINTED NAME] [ADDRESS] [CITY, OREGON ZIP] [PHONE]

EX PARTE MOTION FOR ORDER TO SHOW CAUSE

I ask the court to sign the attached Order to Show Cause directing Defendant to appear and show cause why Defendant should not be held in contempt for the conduct described above.

[SIGNATURE OF PLAINTIFF]

SERVICE

After the court signs the Order to Show Cause, Defendant must be personally served with this Complaint and the Order to Show Cause in the manner provided in ORCP 7, unless Defendant previously signed a Waiver of Personal Service under ORS 107.835 (then serve the address or agent it names). I cannot serve these papers myself. A Certificate of Service must be filed with the court within 63 days of the date this Complaint is filed, or the court may send a notice of dismissal.

NOTE: This draft follows the OJD statewide self-help template (OJD MODEL, Feb 2025); the court's current form controls.

Oregon Requirements for Motion for Contempt

No Mandatory Numbered Form, OJD Self-Help Template
Oregon has no numbered, judicially mandated statewide contempt form. The Oregon Judicial Department publishes a statewide self-help template, Instruction - Remedial Contempt, and individual circuit courts may re-brand or vary the packet, so the filer should confirm the current version with the circuit court clerk.
OJD Forms Exclude Core Child Support and Parenting Time
Oregon law generally bars using contempt to collect a money judgment, except for support and attorney fees in family law matters. The OJD contempt instructions state the forms may not be used to enforce a monthly cash child support award or a custody or parenting time order, but they may be used for spousal support, a child's uninsured medical costs, and other extra child-related payments.
Personal Service Under ORCP 7, Filer Cannot Serve
The defendant must be personally served with the Complaint and the Order to Show Cause together, after the judge signs the order, in the manner provided in ORCP 7; the filer cannot serve the papers, and a Certificate of Service must be filed with the court (ORS 33.055(5)(a)-(b)).
Waiver of Personal Service for a Confidential Address
A party who earlier signed a Waiver of Personal Service under ORS 107.835 may instead be served at the mailing address, business address, or agent named in that waiver, protecting a confidential residential address in a later contempt proceeding.
Hearing Date Set by the Judge
ORS 33.055(6) requires an opportunity for a hearing, and the judge fills in the hearing date when signing the Order to Show Cause; the OJD form states no minimum lead time, so the filer should ask the circuit court clerk how much notice is required.
Six-Month Confinement Cap With a Purge Condition
Remedial confinement for contempt is capped at six months, or until the contempt ends, whichever is shorter, and functions as a purge condition that ends once the defendant complies (ORS 33.105(1)(b)).
Daily Monetary Sanction Capped at $500 or 1% of Income
A remedial monetary sanction is capped at $500 or one percent of the defendant's annual gross income, whichever is greater, for each day the contempt continues (ORS 33.105(1)(c)).
Inability to Comply Affirmative Defense
Inability to comply with the order is an affirmative defense the defendant must raise and prove (ORS 33.055(10)).
Two-Year Filing Deadline, Ten Years for Support Arrears
An ordinary contempt action must generally be filed within two years of the act or omission constituting the contempt, with a longer ten-year period for support arrears, under ORS 33.135; the OJD Complaint form requires a statement that this deadline has been met.

Find out where you stand in Oregon

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Oregon Requirements for Motion for Contempt

No Mandatory Numbered Form, OJD Self-Help Template

OJD Forms Exclude Core Child Support and Parenting Time

Personal Service Under ORCP 7, Filer Cannot Serve

Waiver of Personal Service for a Confidential Address

Hearing Date Set by the Judge

Six-Month Confinement Cap With a Purge Condition

Daily Monetary Sanction Capped at $500 or 1% of Income

Inability to Comply Affirmative Defense

Two-Year Filing Deadline, Ten Years for Support Arrears

Frequently Asked Questions