Is there an official Rhode Island form for a motion for contempt?

No. Rhode Island has no dedicated statewide contempt or contempt-affidavit form. The motion and any supporting affidavit are drafted under Rule 7(b)(1) of the Family Court Rules of Domestic Relations Procedure, which requires only that the motion be in writing, state the grounds with particularity, and set out the relief sought.

What defenses can stop a Rhode Island contempt finding?

An inability-to-pay or no-willfulness defense. A finding of willful contempt requires the movant to show the respondent had the ability to comply with the order and failed to do so anyway; a respondent who could not comply can raise that as a defense.

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

No. Withholding court-ordered support because parenting time was denied, or denying parenting time because support is unpaid, is not a lawful response and can itself be treated as contempt. File a motion for contempt or contact the Office of Child Support Services instead.

Can a Rhode Island contempt hearing change custody or the support amount?

No, not directly. A contempt motion addresses only whether the existing order was violated; changing the support amount or the custody or visitation schedule requires a separate request. A second finding that the custodial parent denied visitation, however, is grounds the court shall consider for a custody change to the noncustodial parent.

What if there is domestic violence in a Rhode Island contempt case?

A current safety risk should be addressed through Rhode Island's restraining order process rather than by confronting the other party directly. A motion for contempt addresses only the violated order, not personal safety.

Rhode Island Motion for Contempt

Q: What is Rhode Island's version of a motion for contempt?

Rhode Island calls it a motion for contempt, filed as an ordinary Rule 7 motion in Family Court, in the same case and under the same case number as the order being enforced. Unlike some states, Rhode Island has no separate order to show cause step.

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

Service follows general Rule 5 motion practice rather than a rule specific to contempt: on the opposing party's attorney if represented, or otherwise by hand delivery, leaving a copy at the person's home with someone of suitable age and discretion, or by mail. The motion and hearing notice must be served at least 10 days before the hearing, plus one more day if served by mail or electronically (Rule 5(d)).

Q: Can a Rhode Island Family Court magistrate send someone to jail for contempt?

A magistrate, who typically hears the motion first, can order incarceration, but only for no more than 72 hours, pending review by a justice of the court. Jail is never automatic and is not something the filer can simply request and receive.

Q: What happens if a Rhode Island custodial parent denies court-ordered visitation more than once?

On a first finding, the court has discretion to define the visitation terms in more detail. On a second finding, the court shall consider this to be grounds for changing custody to the noncustodial parent, so repeat denials carry more than a fine or a make-up-time order.

Q: Is there a faster way to enforce child support in Rhode Island than filing a motion for contempt?

Often yes. Rhode Island's Office of Child Support Services pursues administrative tools such as tax refund offsets, license suspension, and liens, and reserves its own contempt filing for cases with at least four months of arrears. Income withholding also attaches automatically when a support order takes effect, regardless of whether payments are behind.

Family Court hears this as an ordinary Rule 7 motion with no order to show cause step and no statewide contempt form, and a magistrate's own jailing power tops out at 72 hours pending review by a justice.

Find out where you stand in Rhode Island

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Introduction

Rhode Island has no separate order to show cause step and no mandatory statewide form for family court contempt. A parent or former spouse enforces a Family Court order for support, parenting time, or a property term by filing an ordinary motion under Rule 7 of the Family Court Rules of Domestic Relations Procedure, in the same case and under the same case number as the underlying order. Rhode Island has no dedicated statewide contempt or contempt-affidavit form, so the motion and any supporting affidavit are drafted by the filer or counsel under Rule 7(b)(1), which requires only that the motion be in writing, state the grounds with particularity, and set out the relief sought. If the motion relies on facts that do not already appear in the court record, a supporting affidavit must be served with the motion. Service follows general Rule 5 motion practice, not a rule specific to contempt: on the opposing party's attorney if represented, or otherwise by hand delivery, leaving a copy at the person's home with someone of suitable age and discretion, or by mail, and the motion and hearing notice must be served at least 10 days before the hearing (one more day if served by mail or electronically, Rule 5(d)). At the hearing, the movant must show a valid order and the respondent's noncompliance, and for a finding of willful contempt, that the respondent had the ability to comply and failed to anyway; an inability-to-pay or no-willfulness defense can defeat that finding. A contempt finding is never automatic, and the Family Court magistrate who typically hears the motion first can order incarceration for no more than 72 hours, pending review by a justice of the court; other remedies in the same proceeding include an arrears order, income withholding, a lien on the respondent's property, a bond, or any other action the court finds necessary to enforce the order. If the custodial parent denies court-ordered visitation, the court has discretion on a first finding to define the visitation terms in detail; on a second finding, the court shall consider this to be grounds for changing custody to the noncustodial parent. 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. This motion does not modify the underlying support or custody order; a separate request is required for that, and a party facing domestic violence or a safety risk should use the protective order process instead of confronting the other party directly. For unpaid child support, Rhode Island's Office of Child Support Services pursues administrative enforcement tools and reserves its own contempt filing for cases with at least four months of arrears, which can be faster than a private motion. Attorney review is available before filing.

Key Things to Know

1
Rhode Island has no order to show cause step and no mandatory statewide contempt form. A parent files an ordinary motion under Rule 7 of the Family Court Rules of Domestic Relations Procedure, in the same case as the order being enforced.
2
Service follows general Rule 5 motion practice, not a rule specific to contempt: on the opposing party's attorney if represented, or otherwise by hand delivery, leaving a copy at the person's home with someone of suitable age and discretion, or by mail. The motion and hearing notice must be served at least 10 days before the hearing, plus one more day if served by mail or electronically (Family Court Rules of Domestic Relations Procedure, Rules 5(b), 6(c)).
3
The motion must be in writing, state the grounds for contempt with particularity, and set out the relief sought (Rule 7(b)(1)). If it relies on facts not already in the court record, a supporting affidavit must be served with the motion (Rule 6(c)).
4
An inability-to-pay or no-willfulness defense can defeat a contempt finding. A finding of willful contempt requires proof that the respondent had the ability to comply with the order and failed to do so anyway.
5
A Family Court magistrate, who typically hears the motion first, can order incarceration for no more than 72 hours, pending review by a justice of the court (R.I. Gen. Laws Sec. 8-10-3.1(c)(7)). Other remedies in the same proceeding include an arrears order, income withholding, a lien on the respondent's property, a bond, or any other action the court finds necessary to enforce the order.
6
If the custodial parent denies court-ordered visitation, the court has discretion on a first finding to define the visitation terms in detail; on a second finding, the court shall consider this to be grounds for changing custody to the noncustodial parent (R.I. Gen. Laws Sec. 15-5-16(d)(1)). 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.
7
Rhode Island's Office of Child Support Services pursues administrative enforcement tools and reserves its own contempt filing for cases with at least four months of arrears (218-RICR-30-00-1 Sec. 1.20.2(A)), which can be faster than a private motion. This page does not cover changing the support amount or custody schedule, and a safety risk should be addressed through the restraining order process instead.

Key decisions before you file

Before you file a Motion for Contempt in Rhode Island, 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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STATE OF RHODE ISLAND FAMILY COURT [COUNTY] COUNTY

[MOVANT NAME] v. C.A. NO. [CASE NUMBER] [RESPONDENT NAME]

MOTION FOR CONTEMPT

NOW COMES [MOVANT NAME], Movant, and moves this Court under Rule 7 of the Family Court Rules of Domestic Relations Procedure for an order holding [RESPONDENT NAME], Respondent, in contempt, and states with particularity the following grounds.

ORDER DISOBEYED. On [DATE THE ORDER WAS ENTERED], this Court entered an order in this case requiring Respondent to [DESCRIPTION OF THE ORDER PROVISION].
KNOWLEDGE AND ABILITY TO COMPLY. Respondent had knowledge of this order and had the ability to comply with it on each date listed in paragraph 3.
VIOLATIONS. 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]. c. [ADDITIONAL VIOLATION DATES, DESCRIPTIONS, AND AMOUNTS OWED OR MISSED].
ARREARAGE. As of the date of this motion, Respondent owes [DOLLAR AMOUNT] for the period from [START DATE] through [END DATE], after credit for payments of [AMOUNT PAID TO DATE].
NO JUSTIFICATION. Respondent's noncompliance described above was willful and without justification or excuse.
SUPPORTING AFFIDAVIT. This motion is supported by the affidavit of [MOVANT NAME], setting forth facts not appearing of record, served with this motion as required by Rule 6(c).
RELIEF REQUESTED. Movant asks the Court to: a. find Respondent in contempt of the order described above; b. enter an arrears order and order income withholding for any amount owed; c. order [ADDITIONAL RELIEF SOUGHT]; d. order Respondent to pay Movant's costs and attorney's fees; and e. grant any other relief the Court finds necessary to enforce the order.

WHEREFORE, Movant respectfully requests that this Court grant the relief requested above.

[SIGNATURE OF MOVANT] [PRINTED NAME OF MOVANT] [ADDRESS] [CITY, RHODE ISLAND ZIP] [PHONE] [EMAIL]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a true copy of this Motion for Contempt was served on [RESPONDENT NAME], or on Respondent's attorney of record, by [METHOD OF SERVICE], not later than 10 days before the hearing date of [DATE OF HEARING] (11 days if served by mail or electronically), as Rules 5(d) and 6(c) of the Family Court Rules of Domestic Relations Procedure requires.

[SIGNATURE] [NAME]

Rhode Island Requirements for Motion for Contempt

No Mandatory Statewide Contempt Form
Rhode Island has no dedicated statewide Family Court contempt or contempt-affidavit form. The motion and any supporting affidavit are drafted under Rule 7(b)(1) of the Family Court Rules of Domestic Relations Procedure.
Ordinary Rule 7 Motion, No Order to Show Cause
Rhode Island has no separate order to show cause or petition for rule to show cause step. Contempt is brought as an ordinary motion under Rule 7 of the Family Court Rules of Domestic Relations Procedure, in the same case as the underlying order.
Rule 5 Service, Not a Contempt-Specific Rule
Service of the motion follows general Rule 5 motion practice: on the opposing party's attorney if represented, or otherwise by hand delivery, leaving a copy at the person's home with someone of suitable age and discretion, or by mail. No rule requires personal service specific to contempt.
Ten Days' Notice Before the Hearing
A written motion and notice of the hearing must be served not later than 10 days before the hearing date, plus one more day if served by mail or electronically (Family Court Rules of Domestic Relations Procedure, Rules 5(b), 5(d), 6(c)).
Motion Must State Grounds With Particularity
The motion must be made in writing, state with particularity the grounds for contempt, and set forth the relief or order sought (Rule 7(b)(1)).
Affidavit Served With the Motion for Facts Outside the Record
If the motion is based on facts not already appearing in the court record, a supporting affidavit must be served with the motion (Rule 6(c)).
Magistrate's 72-Hour Incarceration Cap Pending Justice Review
A Family Court magistrate, who typically hears a contempt motion first, may order a party imprisoned for not more than 72 hours for failure to comply with a support order or other ordered act, pending review by a justice of the court (R.I. Gen. Laws Sec. 8-10-3.1(c)(7)).
Second Visitation Denial Is Grounds for a Custody Change
If the custodial parent denies court-ordered visitation, on a first finding the court exercises its discretion to define the visitation terms in detail. On a second finding, the court shall consider this to be grounds for a change of custody to the noncustodial parent (R.I. Gen. Laws Sec. 15-5-16(d)(1)).
OCSS Four-Month Arrears Threshold Before Its Own Contempt Filing
The Office of Child Support Services reserves its own Motion to Adjudge in Contempt for cases with at least four months of arrears due and owing, after other administrative enforcement measures have been attempted and were unsuccessful (218-RICR-30-00-1 Sec. 1.20.2(A)).

Find out where you stand in Rhode Island

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Rhode Island Requirements for Motion for Contempt

No Mandatory Statewide Contempt Form

Ordinary Rule 7 Motion, No Order to Show Cause

Rule 5 Service, Not a Contempt-Specific Rule

Ten Days' Notice Before the Hearing

Motion Must State Grounds With Particularity

Affidavit Served With the Motion for Facts Outside the Record

Magistrate's 72-Hour Incarceration Cap Pending Justice Review

Second Visitation Denial Is Grounds for a Custody Change

OCSS Four-Month Arrears Threshold Before Its Own Contempt Filing

Frequently Asked Questions