What does Pennsylvania call a motion for contempt?

Pennsylvania calls it a Petition for Civil Contempt, not a motion or an order to show cause. A custody or parenting-time violation is filed under Pa.R.C.P. 1915.12 using Custody Form 6 and Custody Form 7. A support violation is filed under Pa.R.C.P. 1910.25, ordinarily prepared through the county Domestic Relations Section.

What forms does a Pennsylvania custody contempt petition need?

Custody Form 6, Petition for Civil Contempt for Disobedience of Custody Order, with the Notice and Order to Appear, Custody Form 7, built in, both published by the Administrative Office of Pennsylvania Courts. The petition must be verified, and a completed Criminal Record and Abuse History Verification, Custody Form 3, is also required. The rule says the petition need only follow the form in substance, so the court's own version controls.

Is there a Pennsylvania form for support contempt petitions?

Pennsylvania's rules do not set out a separate statewide model petition for support contempt the way Pa.R.C.P. 1915.12 does for custody. A support petition is filed under Pa.R.C.P. 1910.25 and is ordinarily prepared and filed through the county Domestic Relations Section, which also calculates the arrears figure.

How much notice does a Pennsylvania contempt hearing require?

It depends on the track. Custody contempt served by mail requires at least 7 days' notice before the hearing under Pa.R.C.P. 1915.12(d); personal service carries no separate stated minimum. Support contempt under Pa.R.C.P. 1910.25 has no fixed notice period at all; the order states a specific hearing day and date, and service may be by ordinary mail, mail requiring a signed receipt, a competent adult, or a special court order.

Can a Pennsylvania family court jail someone for contempt?

It can, but only after a hearing, only with a purge condition allowing the person to secure release, and never automatically. Custody contempt allows up to 6 months in jail, a fine of up to $500, or probation of up to 6 months. Support contempt allows up to 6 months in jail, a fine of up to $1,000, or probation of up to 1 year.

Why should a Pennsylvania parent not withhold support because visitation 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 the basis for a contempt finding against the parent who does it. Each issue is enforced separately.

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

Often yes. Pennsylvania's Bureau of Child Support Enforcement, working with the county Domestic Relations Section, can pursue income withholding under 23 Pa.C.S. section 4348, and license suspension or denial under 23 Pa.C.S. section 4355 once an obligor is 3 months or more behind, income cannot be attached, and 30 days pass after notice without payment or a court-approved payment schedule, all without a contempt hearing.

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

A contempt petition asks whether the existing order was violated. To change the support amount or the custody schedule, file a separate modification request apart from the contempt petition.

What if there is domestic violence in a Pennsylvania contempt case?

A current safety risk should be addressed through Pennsylvania's protection-from-abuse process rather than by confronting the other party directly or waiting for a contempt hearing to resolve it.

Pennsylvania Motion for Contempt

Q: What defenses can stop a Pennsylvania contempt finding?

For support, Pa.R.C.P. 1910.25(f) requires the court to advise the respondent that present ability to pay is a critical issue, provide income and expense forms, and make an express finding on the record about whether the respondent can pay before contempt sanctions apply. For custody, the statute allows a contempt finding only against a party who willfully fails to comply with the order.

Custody contempt caps jail at 6 months with a $500 fine, while support contempt caps jail at the same 6 months but allows a $1,000 fine and requires an on-the-record finding on the ability to pay.

Find out where you stand in Pennsylvania

What court order is not being followed?

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Introduction

Pennsylvania does not use an order to show cause for family court enforcement. A parent enforcing a custody or partial-custody order files a Petition for Civil Contempt for Disobedience of Custody Order under Pa.R.C.P. 1915.12, using Custody Form 6 together with a built-in Notice and Order to Appear, Custody Form 7, both published by the Administrative Office of Pennsylvania Courts. The rule says the petition must be filed in substantially that form, so the court's own version and local practice control the final wording. A parent or spouse enforcing a support order instead proceeds under Pa.R.C.P. 1910.25 and 23 Pa.C.S. section 4345, and that petition is ordinarily prepared and filed through the county Domestic Relations Section, which calculates the arrears figure, rather than from a standalone numbered form. For custody contempt served by mail, the hearing cannot be held sooner than 7 days after mailing, and personal service carries no separate stated minimum. For support contempt, Pa.R.C.P. 1910.25 sets no fixed number of notice days at all; the order instead states a specific hearing day and date, and service may be by ordinary mail, mail requiring a signed receipt, a competent adult, or a special court order. Before anyone can be jailed for contempt, Pennsylvania law requires the order to include a purge condition, a specific act that lets the person secure release, and for support cases the court must make an express finding on the record about whether the respondent has the present ability to pay. A contempt finding is never automatic, and an inability-to-pay or no-willfulness defense can defeat the petition. Do not withhold court-ordered support because parenting time was denied, and do not deny parenting time because support is unpaid; either one can itself become grounds for contempt against the parent who does it. This page does not cover changing the amount of support or the custody schedule, which requires a separate modification request, and it does not cover an active safety risk, which should go through Pennsylvania's protection-from-abuse process rather than a contempt filing. For unpaid child support, Pennsylvania's Bureau of Child Support Enforcement, working with the county Domestic Relations Section, can pursue income withholding and license actions without a contempt hearing. The court's own form and local rules control what is filed. Attorney review is available before filing.

Key Things to Know

1
Pennsylvania calls this a Petition for Civil Contempt, not a motion or order to show cause. A custody or parenting-time violation is filed under Pa.R.C.P. 1915.12 using Custody Form 6 (the petition) and Custody Form 7 (Notice and Order to Appear), both published by the Administrative Office of Pennsylvania Courts, filed in substantially that form. A support violation is filed under Pa.R.C.P. 1910.25 and is ordinarily prepared through the county Domestic Relations Section rather than from a separate numbered form.
2
For custody contempt, the petition is served by personal service or regular mail; if served by mail, the hearing cannot be held sooner than 7 days after mailing unless the court orders an earlier date for cause shown (Pa.R.C.P. 1915.12(d)). For support contempt, Pa.R.C.P. 1910.25 sets no minimum number of notice days at all; the order instead states a specific hearing day and date, and service may be by ordinary mail, mail requiring a signed receipt, a competent adult, or a special court order.
3
An ability-to-pay or no-willfulness defense can defeat the petition. For support, Pa.R.C.P. 1910.25(f) requires the court to tell the respondent that present ability to pay is a critical issue, provide income and expense forms, and make an express finding on the record about whether the respondent can pay. For custody, the statute allows a contempt finding only against a party who willfully fails to comply with the order (23 Pa.C.S. section 5323(g)(1)).
4
Do not withhold court-ordered support because parenting time was denied, and do not deny parenting time because support is unpaid. Each is enforced separately, and doing either can itself be treated as contempt against the parent who does it.
5
Before jail can be imposed, Pennsylvania law requires the order to state a purge condition, a specific act that lets the person secure release. Custody contempt allows up to 6 months in jail, a fine of up to $500, probation of up to 6 months, license action under 23 Pa.C.S. section 4355 (whose text still cross-references a repealed section, so its reach for custody is unsettled), and counsel fees and costs, as alternative sanctions the court may impose one or more of (23 Pa.C.S. section 5323(g)(1)). Support contempt allows up to 6 months in jail, a fine of up to $1,000, or probation of up to 1 year (23 Pa.C.S. section 4345(a)).
6
A contempt petition asks whether the existing order was violated. Changing the amount of support or the custody schedule requires a separate modification request, and a current safety risk should go through Pennsylvania's protection-from-abuse process rather than a contempt filing.
7
For unpaid child support, Pennsylvania's Bureau of Child Support Enforcement and the county Domestic Relations Section can pursue income withholding under 23 Pa.C.S. section 4348, and license suspension or denial under 23 Pa.C.S. section 4355 once an obligor is 3 months or more behind, income cannot be attached, and 30 days pass after notice without payment or a court-approved payment schedule, without needing a contempt finding first.

Key decisions before you file

Before you file a Motion for Contempt in Pennsylvania, 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 PENNSYLVANIA PETITION FOR CIVIL CONTEMPT

Court of Common Pleas of [COUNTY] County, Pennsylvania Family Division / Domestic Relations Section No. [CASE NUMBER]

[PETITIONER NAME], Petitioner v. [RESPONDENT NAME], Respondent

These facts are prepared for transfer onto Pennsylvania's own petition. For a custody or partial-custody violation, use Custody Form 6, Petition for Civil Contempt for Disobedience of Custody Order, with the Notice and Order to Appear built in as required by Pa.R.C.P. 1915.12, filed in substantially that form. For a support violation, this petition is filed under Pa.R.C.P. 1910.25 and is ordinarily prepared through the county Domestic Relations Section, which calculates the arrears figure. The court's own form and local practice control what is actually filed.

ORDER VIOLATED. On [DATE THE ORDER WAS ENTERED], the Honorable [JUDGE NAME] entered an order in this matter requiring Respondent to [DESCRIPTION OF THE CUSTODY, SUPPORT, OR OTHER TERM ORDERED]. A true and correct copy of the order is attached.
TYPE OF ORDER. The order awarded [TYPE OF LEGAL AND PHYSICAL CUSTODY] to [PARTY AWARDED CUSTODY] regarding the parties' minor child, [CHILD NAME], born [CHILD DATE OF BIRTH].
KNOWLEDGE OF THE ORDER. Respondent knew of this order because Respondent [WAS PRESENT IN COURT, WAS SERVED WITH A COPY, OR SIGNED A STIPULATION, WITH THE DATE].
ABILITY TO COMPLY. Respondent was able to comply with the order on each date listed in paragraph 5.
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]. Additional violations are listed on an attached sheet. The total support arrearage, as calculated by the Domestic Relations Section, is [ARREARAGE AMOUNT] through [ARREARAGE DATE].
WILLFULNESS. Respondent's violations described above were willful and without justification or excuse.
PRIOR CONTEMPT PROCEEDINGS. Petitioner [HAS OR HAS NOT] previously sought a contempt finding against Respondent for these or related orders, with the following result: [PRIOR CONTEMPT RESULT].
RELIEF REQUESTED. Petitioner asks the court to adjudge Respondent in civil contempt, to set a purge condition that will allow Respondent to secure release from any jail term imposed, and to impose the fine, jail term, probation, or counsel fees and costs the court finds appropriate under Pennsylvania law.

I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities.

[SIGNATURE OF PETITIONER] [PRINTED NAME OF PETITIONER] DATE: [DATE OF SIGNING]

SERVICE INSTRUCTIONS

For a custody matter, the completed petition and Custody Form 7, Notice and Order to Appear, must be served on Respondent by personal service or regular mail; if served by mail, the hearing cannot be held sooner than 7 days after mailing unless the court orders an earlier date for cause shown. For a support matter, the order states the hearing day and date, and service is by ordinary mail, mail requiring a signed receipt, service by a competent adult, or a method the court specially orders. For a custody petition, a completed Criminal Record and Abuse History Verification, Custody Form 3, is attached.

Pennsylvania Requirements for Motion for Contempt

Custody Form 6 and Form 7 Required
A custody or partial-custody contempt petition must be filed in substantially the form set out in Pa.R.C.P. 1915.12(a) and (c), republished by the Administrative Office of Pennsylvania Courts as Custody Form 6 (the petition) and Custody Form 7 (Notice and Order to Appear), which is built into the petition itself.
Support Contempt Filed Through the Domestic Relations Section
A support contempt petition proceeds under Pa.R.C.P. 1910.25 and is ordinarily prepared and filed through the county Domestic Relations Section, which calculates the arrears figure, rather than from a separate model petition set out in the rule.
Seven-Day Mail Service Floor for Custody Contempt
If a custody contempt petition is served by mail, the hearing cannot be held sooner than 7 days after mailing unless the court orders an earlier date for cause shown; personal service carries no separately stated minimum notice period (Pa.R.C.P. 1915.12(d)).
No Fixed Notice Period for Support Contempt
Pa.R.C.P. 1910.25 sets no minimum number of notice days before a support contempt hearing; the order instead states a specific hearing day and date, and service may be by ordinary mail, mail requiring a signed receipt, a competent adult, or a special court order (Pa.R.C.P. 1910.25(d)).
Verification Under 18 Pa.C.S. Section 4904
A custody contempt petition must be verified, with the petitioner certifying the statements are true and correct subject to the penalties of 18 Pa.C.S. section 4904 for unsworn falsification to authorities.
Mandatory Ability-to-Pay Finding for Support Contempt
Before support contempt sanctions apply, Pa.R.C.P. 1910.25(f) requires the court to advise the respondent that present ability to pay is a critical issue, provide income and expense forms, and issue an express finding on the record about whether the respondent has the present ability to pay.
Purge Condition Required Before Jail
An order committing a person to jail for contempt must specify the condition which, when fulfilled, will result in release, for both custody contempt (23 Pa.C.S. section 5323(g)(2)) and support contempt (23 Pa.C.S. section 4345(b)).
Different Penalty Caps by Track
Both tracks cap jail at 6 months, but custody contempt caps the fine at $500 with probation up to 6 months (23 Pa.C.S. section 5323(g)(1)), while support contempt caps the fine at $1,000 with probation up to 1 year (23 Pa.C.S. section 4345(a)).
Criminal Record and Abuse History Verification Attached
A custody contempt petition must include a completed Criminal Record and Abuse History Verification, Custody Form 3, as required by Pa.R.C.P. 1915.3-2.

Find out where you stand in Pennsylvania

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Pennsylvania Requirements for Motion for Contempt

Custody Form 6 and Form 7 Required

Support Contempt Filed Through the Domestic Relations Section

Seven-Day Mail Service Floor for Custody Contempt

No Fixed Notice Period for Support Contempt

Verification Under 18 Pa.C.S. Section 4904

Mandatory Ability-to-Pay Finding for Support Contempt

Purge Condition Required Before Jail

Different Penalty Caps by Track

Criminal Record and Abuse History Verification Attached

Frequently Asked Questions