Who decides whether a Tennessee contempt case is civil or criminal?

The court decides, regardless of what the petitioner calls the filing. Civil contempt is coercive and lets the other parent purge the violation by complying. Criminal contempt is punitive and gives the respondent the rights of a criminal defendant, including proof beyond a reasonable doubt and appointed counsel if indigent, though not a jury trial in most cases.

Does Tennessee require personal service for a contempt petition?

Civil contempt service follows the general Tennessee Rules of Civil Procedure that already govern your case. Criminal contempt instead requires actual notice under Tennessee Rule of Criminal Procedure 42(b), delivered orally in open court or by written order.

How many days of notice does a Tennessee contempt hearing require?

No statewide Tennessee statute or rule sets a fixed number of days of notice before a contempt hearing. Rule 42(b) requires only a reasonable time to prepare a defense for criminal contempt. Confirm any local timing practice with your court before you file.

Can the other parent go to jail for contempt in Tennessee?

Jail is not automatic. General contempt in Tennessee's Circuit, Chancery, Juvenile, and appellate courts is capped at a fine of up to $50 and up to 10 days in jail per finding. Nonpayment of child support can also be prosecuted under a separate statute allowing up to 6 months in jail, but only if that statute is specifically pled, which then gives the respondent the right to a jury trial.

What if I could not afford to pay child support in Tennessee?

Inability to pay is a defense, but the burden differs by track. In civil contempt, once the other parent shows an obligation that has not been met, you must prove you are unable to comply with the order at the time of the hearing. In criminal contempt for nonpayment of support, the burden instead stays on the petitioner to prove you had the present ability to pay.

Will a Tennessee court order the other parent to pay my attorney's fees for a contempt petition?

Reasonable attorney's fees can be awarded to the prevailing party in a civil contempt or other support and parenting enforcement proceeding under Tenn. Code Ann. Section 36-5-103(c). Fees are not available as a sanction in a criminal contempt finding.

Can Tennessee help me collect child support without filing for contempt?

Yes. Tennessee law requires income withholding for every support order, capped at 50% of income after FICA, tax withholding, and any child health-insurance premium. The Tennessee Department of Human Services, Child Support Services, enforces support orders, and a court can direct that a driver's or professional license be denied, revoked, or restricted. A parent more than 30 days in arrears can also face a summons or attachment through the clerk's office.

Tennessee Motion for Contempt

Q: What is a motion for contempt called in Tennessee?

Tennessee does not have one single contempt filing. A parent files either a sworn Petition for Civil Contempt or a sworn Petition for Criminal Contempt in the same case, in Circuit or Chancery Court for divorce and parenting orders or in Juvenile Court for paternity and child support orders. There is no statewide mandatory form; some counties, including Shelby County, publish their own local forms, so check with your county clerk.

Tennessee makes the court, not the petitioner's label, decide whether a contempt case runs on the coercive civil track or the punitive criminal track, and the burden of proving ability to pay flips depending on which track applies.

Find out where you stand in Tennessee

What court order is not being followed?

DocDraft provides document preparation, not legal advice.

Introduction

Tennessee enforces a family court order through a Petition for Civil Contempt or a Petition for Criminal Contempt, filed in the same case and under the same case number as the underlying divorce, parenting, or paternity case, in Circuit or Chancery Court for divorce and parenting orders or in Juvenile Court for paternity and child support orders. Tennessee has no statewide mandatory contempt form. Some counties publish their own: Shelby County Juvenile Court uses form JC-47A, a Petition for Citation for Contempt of Court for child support, and Shelby County Circuit and Chancery Courts use a separate Petition and Affidavit to Enforce Child Support. Davidson County Chancery Court instead requires only a sworn, served petition or motion, with no numbered form, plus a written Notice of Criminal Contempt and a written Notice of Rights when criminal contempt is sought. Check with your county clerk before filing. Davidson County Chancery Court prefers a sworn petition or sworn motion accompanied by service of process; for civil contempt, service follows the general Tennessee Rules of Civil Procedure that already govern the underlying case. For criminal contempt, Tennessee Rule of Criminal Procedure 42(b) instead requires actual notice, given orally in open court or by written order, that states the time and place of the hearing, allows a reasonable time to prepare a defense, and describes the essential facts as criminal contempt. No statewide statute or rule sets a fixed number of days of notice before a contempt hearing; Davidson County Chancery Court's local practice is to wait until a petition has been pending at least 30 days before holding the hearing, but that is a local practice, not a statewide rule, so confirm the timeline with your court. Tennessee courts must decide whether a case is civil contempt, which is coercive and lets the other parent purge the violation by complying, or criminal contempt, which is punitive and gives the respondent the rights of a criminal defendant except a jury trial in most cases, regardless of what the petitioner calls the filing. General contempt in Circuit, Chancery, Juvenile, and appellate courts is capped at a fine of up to $50 and up to 10 days in jail per finding. Failure to pay child support can also be prosecuted separately under a freestanding criminal statute that allows up to 6 months in jail, but only if that statute is specifically pled, and doing so triggers the right to a jury trial and, unless waived, a grand jury indictment. Reasonable attorney's fees can be awarded to the prevailing party in civil contempt or other enforcement proceedings, but not as a sanction in a criminal contempt finding. Once the movant shows an unmet obligation, the burden shifts to the other parent in civil contempt to prove an inability to comply with the order at the time of the hearing; in criminal contempt for nonpayment of support, the burden instead stays on the petitioner to prove the other parent's ability to pay. Filing this motion does not mean the other parent will go to jail: the court decides whether contempt occurred and, if so, which track and sanction apply. Do not withhold child support because parenting time was denied, and do not deny parenting time because support is unpaid; either one can itself become contempt. Without a contempt filing, Tennessee law requires income withholding for every support order, capped at 50% of income after FICA, tax withholding, and any child health-insurance premium, and a court can direct that a driver's or professional license be denied, revoked, or restricted, with the Tennessee Department of Human Services, Child Support Services, acting as the court's enforcement agent in its cases. This page does not cover modifying support or a parenting plan; use DocDraft's child support modification and parenting plan pages for that. If there is domestic violence or a safety risk, use DocDraft's getting a restraining order guide instead of this motion. Attorney review is available before you file.

Key Things to Know

1
Tennessee enforces a family court order through a sworn Petition for Civil Contempt or Petition for Criminal Contempt, filed in the same case in Circuit, Chancery, or Juvenile Court. There is no statewide mandatory form; Shelby County uses local forms including Juvenile Court form JC-47A for child support, and Davidson County Chancery Court requires only a sworn petition or motion with no numbered form. Check with your county clerk.
2
Service and notice differ by track. Civil contempt service follows the general Tennessee Rules of Civil Procedure already governing your case. Criminal contempt requires actual notice under Tennessee Rule of Criminal Procedure 42(b), given orally in open court or by written order, stating the hearing's time and place and allowing a reasonable time to prepare a defense. No statewide statute or rule sets a fixed number of days of notice; confirm the timeline with your court.
3
The court, not the petitioner's label, decides whether a case is civil contempt, which is coercive and purgeable by compliance, or criminal contempt, which is punitive and gives the respondent the rights of a criminal defendant except a jury trial in most cases. General contempt in Circuit, Chancery, Juvenile, and appellate courts is capped at a fine of up to $50 and up to 10 days in jail per finding. A separate freestanding statute allows up to 6 months in jail for nonpayment of child support, but only if specifically pled, which then triggers jury trial and grand jury rights.
4
Once the movant shows an unmet obligation, the burden shifts to the other parent in civil contempt to prove an inability to comply with the order at the time of the hearing. In criminal contempt for nonpayment of support, the burden instead stays on the petitioner to prove the other parent's present ability to pay.
5
Do not withhold child support because parenting time was denied, and do not deny parenting time because support is unpaid. Either one can itself become contempt.
6
Without a contempt filing, Tennessee law requires income withholding for every support order, capped at 50% of income after FICA, tax withholding, and any child health-insurance premium. A court can also direct that a driver's or professional license be denied, revoked, or restricted, with the Tennessee Department of Human Services, Child Support Services, acting as its enforcement agent. A parent more than 30 days in arrears can also face a summons or attachment with a bond of at least $250.
7
Reasonable attorney's fees can be awarded to the prevailing party in civil contempt or other enforcement proceedings, but not as a sanction in a criminal contempt finding. This page does not cover modifying support or a parenting plan; use DocDraft's child support modification and parenting plan pages for that. If there is domestic violence or a safety risk, use DocDraft's getting a restraining order guide instead. Attorney review is available before you file.

Key decisions before you file

Before you file a Motion for Contempt in Tennessee, 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, CHANCERY, OR JUVENILE] COURT FOR [COUNTY] COUNTY, TENNESSEE AT [CITY], TENNESSEE

[PETITIONER NAME], Petitioner,

v. No. [CASE NUMBER]

[RESPONDENT NAME], Respondent.

VERIFIED PETITION FOR CIVIL CONTEMPT

Petitioner, [PETITIONER NAME], respectfully petitions this Court to find Respondent, [RESPONDENT NAME], in civil contempt of this Court's order, and states:

On [DATE OF ORDER], this Court entered an order in this case requiring Respondent to [DESCRIPTION OF THE ORDER PROVISION AT ISSUE, SUCH AS PAYING A STATED MONTHLY AMOUNT OF CHILD SUPPORT OR ALLOWING PARENTING TIME ON STATED DATES]. That order is lawful and is clear, specific, and unambiguous.
Respondent had actual knowledge of the order and, at all relevant times, had the ability to comply with it.
Respondent has willfully failed to comply with the order as follows: a. [DATE OF VIOLATION]: [DESCRIPTION OF THE SPECIFIC FAILURE TO COMPLY, INCLUDING THE AMOUNT OF ANY UNPAID SUPPORT] b. [DATE OF VIOLATION]: [DESCRIPTION OF THE SPECIFIC FAILURE TO COMPLY] c. [LIST OF ANY ADDITIONAL VIOLATION DATES, ACTS, AND AMOUNTS]
[IF APPLICABLE: SUPPORT CLAIM] As of the date of this petition, Respondent owes unpaid support of [DOLLAR AMOUNT] for the period from [START DATE] through [END DATE].
Respondent's noncompliance was willful and was not the result of an inability to comply.
Petitioner has incurred costs and attorney's fees in bringing this petition and requests an award of reasonable attorney's fees under Tenn. Code Ann. Section 36-5-103(c).

WHEREFORE, Petitioner asks this Court to: a. Find Respondent in civil contempt of this Court's order; b. Order Respondent to purge the contempt by [DESCRIPTION OF THE SPECIFIC ACT THAT WOULD PURGE THE CONTEMPT, SUCH AS PAYING THE ARREARAGE STATED ABOVE OR PERFORMING THE ACT THE ORDER REQUIRES]; c. [IF APPLICABLE: SUPPORT CLAIM] Order Respondent to pay the unpaid support stated in paragraph 4; d. Order Respondent to pay Petitioner's reasonable attorney's fees and costs under Tenn. Code Ann. Section 36-5-103(c); e. Grant any other relief this Court deems proper.

VERIFICATION

I, [PETITIONER NAME], being first duly sworn, state under oath that I have read this Verified Petition for Civil Contempt and that the facts stated in it are true and correct to the best of my knowledge, information, and belief.

[SIGNATURE] [PETITIONER NAME]

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

[NOTARY PUBLIC SIGNATURE] My Commission Expires: [DATE]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a true and correct copy of this Verified Petition for Civil Contempt, together with process issued by the Clerk, was served on Respondent, [RESPONDENT NAME], by [METHOD OF SERVICE UNDER THE TENNESSEE RULES OF CIVIL PROCEDURE].

[SIGNATURE] [NAME] [ADDRESS] [CITY, TENNESSEE ZIP] [PHONE] [EMAIL]

Tennessee Requirements for Motion for Contempt

Civil or Criminal Contempt Election
Tennessee has no single contempt filing. The court, not the petitioner's label, decides whether a case proceeds as civil contempt, which is coercive and purgeable by compliance, or criminal contempt, which is punitive and gives the respondent the rights of a criminal defendant except a jury trial in most cases (Tenn. Code Ann. Sections 29-9-101 to 29-9-108).
No Statewide Mandatory Form
No statewide Administrative Office of the Courts contempt form exists. Shelby County Juvenile Court uses form JC-47A for child support and Shelby County Circuit and Chancery Courts use a separate Petition and Affidavit to Enforce Child Support; Davidson County Chancery Court requires only a sworn petition or motion. Check with your county clerk before filing.
Sworn Petition and Service of Process
Davidson County Chancery Court prefers that contempt be sought by sworn petition or sworn motion accompanied by service of process, citing Tenn. Code Ann. Section 29-9-102 and Tenn. R. Civ. P. 65.06; check your own court's practice. Civil contempt service follows the general Tennessee Rules of Civil Procedure already governing the case.
Criminal Contempt Notice Under Rule 42(b)
Criminal contempt requires actual notice under Tenn. R. Crim. P. 42(b), given orally in open court or by written order, stating the hearing's time and place, allowing a reasonable time to prepare a defense, and describing the essential facts as criminal contempt. No statewide statute or rule sets a fixed number of days of notice.
General Contempt Cap of $50 and 10 Days
General contempt in Circuit, Chancery, and appellate courts is limited to a fine of up to $50 and imprisonment of up to 10 days per finding (Tenn. Code Ann. Section 29-9-103(a)-(b)). Juvenile Court uses the same scale (Tenn. Code Ann. Section 37-1-158).
Freestanding Child Support Nonpayment Statute
Failure to pay child support can be prosecuted separately under Tenn. Code Ann. Section 36-5-104(a), which allows imprisonment of up to 6 months, but only if that statute is specifically pled; doing so triggers the right to a jury trial and, unless waived, a grand jury indictment.
Burden Shifts by Track
In civil contempt, once the movant shows an unmet obligation, the other parent bears the burden of proving an inability to comply with the order at the time of the hearing. In criminal contempt for nonpayment of support, the burden instead stays on the petitioner to prove the other parent's present ability to pay (Konvalinka v. Chattanooga-Hamilton County Hosp. Auth.; Hicks v. Feiock).
Attorney's Fees on the Civil Track Only
Reasonable attorney's fees can be awarded to the prevailing party in a civil contempt or other support and parenting enforcement proceeding (Tenn. Code Ann. Section 36-5-103(c)), but are not available as a sanction in a criminal contempt finding.
Identify the Order, Violations, and Purge Condition
The petition must identify the order allegedly violated and show it is lawful and clear, specific, and unambiguous, that the respondent actually disobeyed it, and that the violation was willful. A civil contempt order must specify exactly how the respondent may purge the contempt.

Find out where you stand in Tennessee

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Tennessee Requirements for Motion for Contempt

Civil or Criminal Contempt Election

No Statewide Mandatory Form

Sworn Petition and Service of Process

Criminal Contempt Notice Under Rule 42(b)

General Contempt Cap of $50 and 10 Days

Freestanding Child Support Nonpayment Statute

Burden Shifts by Track

Attorney's Fees on the Civil Track Only

Identify the Order, Violations, and Purge Condition

Frequently Asked Questions