What is a motion for contempt called in Utah?

Utah calls it a Motion to Enforce Order and for Sanctions, filed ex parte under Utah Rule of Civil Procedure 7B. Before May 1, 2021 the same filing was called an Order to Show Cause, so older documents and search results may still use that name.

Does Utah require a specific form to enforce a family court order?

Yes. Utah requires mandatory statewide Judicial Council forms: Form 1150FAJ, the Ex Parte Verified Motion to Enforce Domestic Order and for Sanctions, plus the 1171FAJ Order to Attend Hearing. For cases heard by a court commissioner, the Utah Courts self-help page lists Forms 1150.8FA and 1171FA. The court's own form controls over any draft.

How much notice does Utah require before a contempt hearing?

The order, motion, and supporting affidavits must be served on the other parent at least 28 days before the hearing. The court can shorten that period only if the motion asks for an earlier date and an affidavit shows immediate and irreparable injury will result without it.

Can the other parent be jailed just because I filed this motion in Utah?

No. Utah's motion is filed ex parte, so the court first reviews the papers alone and decides whether to set a hearing at all. Jail is never automatic; if contempt is requested, the Order to Attend Hearing states that sanctions may include, but are not limited to, a fine of up to $1,000 and up to 30 days in jail.

What if I could not afford to pay the support ordered in Utah?

In Utah, the parent asking for enforcement must allege and prove the other parent had the ability to comply as part of the contempt request itself. That means a parent who genuinely could not pay can dispute the ability-to-comply element at the hearing rather than waiting to raise it as a separate defense.

Will a Utah court order make-up parenting time for a violation?

Yes, and it is mandatory rather than optional: the court must award reasonable make-up parent-time to the prevailing party unless that would not be in the child's best interest. A parent found by a preponderance of the evidence to have refused court-ordered parent-time must also perform at least 10 hours of compensatory service and attend required classes or counseling.

Can I adjust support or parenting time on my own if the other parent violates a Utah order?

No. A parent should not stop paying support because parenting time was denied, and should not deny parenting time because support is unpaid. Either move can itself become a new violation of the order that is used against the parent who did it.

Is there a faster way to enforce a family order in Utah than filing this motion?

For unpaid child support, the Utah Office of Recovery Services can intercept payments and report arrears to credit bureaus and the courts without a contempt filing. For a denied parenting-time dispute alone in the Third Judicial District, the case is routed first to mediation under the Expedited Parent-time Enforcement Program instead of straight to a contempt hearing.

Utah Motion for Contempt

Utah's enforcement motion is reviewed by the court alone before any hearing is set, and a parent who asks for a contempt finding must prove the other parent's willfulness, not the other way around.

Find out where you stand in Utah

What court order is not being followed?

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Introduction

Utah enforces a family court order through a Motion to Enforce Order and for Sanctions, filed ex parte under Utah Rule of Civil Procedure 7B; before May 1, 2021 this same filing was called an Order to Show Cause. Utah requires mandatory statewide Judicial Council forms: the Ex Parte Verified Motion to Enforce Domestic Order and for Sanctions (Form 1150FAJ) and the 1171FAJ Order to Attend Hearing; for a case heard by a court commissioner, the Utah Courts self-help page lists Forms 1150.8FA and 1171FA. The court's form controls, and this page describes a working draft, not a substitute for it. The motion is filed under the same case number as the underlying divorce, parentage, or custody order and is reviewed by the court alone; there is no hearing at the filing stage. Only after the court finds the papers adequate does it sign the Order to Attend Hearing compelling the other parent to appear, and the moving party must then have the order, motion, and all supporting affidavits served on the other parent at least 28 days before that hearing. If the other parent is unrepresented, service must be made like a new lawsuit under Rule 4; if represented by an attorney who has appeared in the case within the last 120 days, service goes to that attorney under Rule 5. A written opposition, if filed, is due at least 14 days before the hearing, and a reply is due at least 7 days before the hearing. The motion must be verified or accompanied by at least one supporting affidavit based on personal knowledge, and on Form 1150FAJ the moving party must itemize each unpaid amount by date range, describe the parent-time provisions violated, and check a box stating whether a contempt finding is being requested. Notably, the moving party bears the burden of proof on all claims in the motion, and if a contempt finding is requested, the moving party must show the other parent knew of the order, had the ability to comply, and willfully failed to comply; that is not left to surface later as the other parent's defense. If contempt is requested, the Order to Attend Hearing states that contempt sanctions may include, but are not limited to, a fine of up to $1,000 and up to 30 days in jail. For a parenting-time violation, the court must award reasonable make-up parent-time to the prevailing party unless that is not in the child's best interest, and a parent found by a preponderance of the evidence to have refused court-ordered parent-time, or to have refused to pay support, must perform at least 10 hours of compensatory service and attend required classes or counseling. The Utah Office of Recovery Services can pursue unpaid child support directly, without a contempt filing, and a parent in the Third Judicial District with only a denied parenting-time dispute is routed first to mediation under the Expedited Parent-time Enforcement Program. This page does not cover changing a support or custody order; use DocDraft's child support modification and parenting plan pages for that instead. If there is domestic violence or a safety risk, use DocDraft's getting a restraining order guide rather than this motion. Attorney review is available before you file.

Key Things to Know

1
Utah calls this a Motion to Enforce Order and for Sanctions, filed ex parte under Utah R. Civ. P. 7B; before May 1, 2021 it was called an Order to Show Cause. It uses mandatory statewide forms, Form 1150FAJ plus the 1171FAJ Order to Attend Hearing (the self-help page lists 1150.8FA and 1171FA for commissioner cases), and the court's own form controls.
2
The order, motion, and all supporting affidavits must be served on the other parent at least 28 days before the hearing: like a new lawsuit under Rule 4 if that parent is unrepresented, or on their attorney under Rule 5 if one has appeared in the case within the last 120 days. A written opposition is due at least 14 days before the hearing and a reply at least 7 days before.
3
The motion is filed ex parte. The court reviews the sworn papers alone and, only if it finds them adequate, signs an Order to Attend Hearing compelling the other parent to appear; there is no adversarial hearing at the filing stage itself.
4
The moving party, not the other parent, bears the burden of proving the other parent knew of the order, had the ability to comply, and willfully failed to comply; Form 1150FAJ requires the mover to allege all three as an element of a contempt request. The other parent can dispute ability to comply at the hearing.
5
If contempt is requested, the Order to Attend Hearing states that sanctions may include, but are not limited to, a fine of up to $1,000 and up to 30 days in jail; neither is automatic. For a parenting-time violation the court must also award reasonable make-up parent-time unless that is not in the child's best interest.
6
Do not stop paying child support because parenting time was denied, and do not deny parenting time because support is unpaid. Either can itself become a new violation, and Utah requires at least 10 hours of compensatory service and classes from a parent found by a preponderance of the evidence to have refused court-ordered parent-time or refused to pay support.
7
The Utah Office of Recovery Services can intercept payments, report arrears to credit bureaus and the courts, and pursue unpaid child support without a contempt filing; a parent in the Third Judicial District with only a denied parenting-time dispute is routed first to mediation under the Expedited Parent-time Enforcement Program instead of straight to a contempt hearing.

Key decisions before you file

Before you file a Motion for Contempt in Utah, 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

CASE NO. [CASE NUMBER]

IN THE [JUDICIAL DISTRICT NUMBER] JUDICIAL DISTRICT COURT OF [COUNTY] COUNTY, STATE OF UTAH

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

EX PARTE VERIFIED MOTION TO ENFORCE ORDER AND FOR SANCTIONS

Petitioner, under Utah Rule of Civil Procedure 7B, moves this Court to enforce its 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].
Respondent had knowledge of this order.
Respondent has violated the order as follows: a. [DATE OF VIOLATION]: [DESCRIPTION OF THE SPECIFIC FAILURE TO COMPLY, INCLUDING ANY DOLLAR AMOUNT UNPAID] b. [DATE OF VIOLATION]: [DESCRIPTION OF THE SPECIFIC FAILURE TO COMPLY] c. [ANY ADDITIONAL VIOLATION DATES, AMOUNTS, OR MISSED PARENT-TIME]
As of the date of this motion, Respondent owes unpaid support of [DOLLAR AMOUNT] for the period from [START DATE] through [END DATE].
Respondent has not followed these parent-time provisions of the order: [PARENT-TIME PROVISIONS VIOLATED]. Petitioner requests this additional or make-up parent-time: [MAKE-UP PARENT-TIME REQUESTED].
Petitioner requests that Respondent be held in contempt because Respondent knew of this Court's order, had the ability to follow the order, and willfully failed to follow the order. Petitioner bears the burden of proving these facts at the hearing.

WHEREFORE, Petitioner asks this Court to: a. Sign an Order to Attend Hearing compelling Respondent to appear and address the violations described above; b. Find Respondent in contempt if Petitioner proves that Respondent knew of the order, had the ability to follow it, and willfully failed to follow it; c. Order Respondent to pay the unpaid amount stated above; d. Award reasonable make-up parent-time if a parent-time violation is found; e. Impose any fine, jail term, or other sanction this Court finds appropriate under Utah Rule of Civil Procedure 7B; f. Grant any other relief this Court deems just.

VERIFICATION

I declare under criminal penalty under the law of Utah that everything stated in this motion is true.

[SIGNATURE] [PETITIONER NAME] [ADDRESS] [CITY, UTAH ZIP] [PHONE] [EMAIL]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a copy of the signed Order to Attend Hearing, this Ex Parte Verified Motion to Enforce Order and for Sanctions, and all supporting affidavits was served on [RESPONDENT NAME] under Utah Rule of Civil Procedure 4 or Rule 5, at least 28 days before the hearing date set by the Court.

[SIGNATURE] [NAME]

Utah Requirements for Motion for Contempt

Motion to Enforce Order and for Sanctions, Filed Ex Parte
Utah enforces family orders through a Motion to Enforce Order and for Sanctions filed ex parte under Utah R. Civ. P. 7B. Before May 1, 2021 the same procedure was called an Order to Show Cause; the court reviews the papers alone before setting a hearing.
Mandatory Statewide Judicial Council Forms
Utah requires mandatory statewide forms: Form 1150FAJ with the accompanying 1171FAJ Order to Attend Hearing; the self-help page lists 1150.8FA and 1171FA for commissioner cases. The court's own version controls.
28-Day Service Requirement Before Hearing
The order, motion, and supporting affidavits must be served on the other parent at least 28 days before the hearing under Rule 7B(d): like a new lawsuit under Rule 4 if unrepresented, or on counsel under Rule 5 if an attorney has appeared in the case within the last 120 days.
Opposition and Reply Deadlines
A written opposition, if filed, is due at least 14 days before the hearing, and a reply is due at least 7 days before the hearing, under Rule 7B(e) and (f).
Movant Bears the Burden, Including Ability to Comply
Under Rule 7B(g) the moving party bears the burden of proof on all claims in the motion. Form 1150FAJ requires the mover to allege the other parent knew of the order, had the ability to comply, and willfully failed to, rather than leaving that to the responding party's defense.
Possible Contempt Fines and Jail
If contempt is requested, the Order to Attend Hearing states that contempt sanctions may include, but are not limited to, a fine of up to $1,000 and up to 30 days in jail, under Rule 7B(c).
Mandatory Make-Up Parent-Time and Compensatory Service
For a parent-time violation, the court must award reasonable make-up parent-time to the prevailing party unless that is not in the child's best interest. A parent found by a preponderance of the evidence to have refused court-ordered parent-time or refused to pay support must also perform at least 10 hours of compensatory service and attend required classes or counseling.
Verification or Supporting Affidavit Required
The motion must be verified or accompanied by at least one supporting affidavit based on personal knowledge from an affiant competent to testify, under Rule 7B(b).
Identify the Order, Each Violation, and Requested Relief
The motion must state the title and date of entry of the order, facts admissible in evidence supporting each alleged violation, and the relief sought, under Rule 7B(b) and (c)(1)-(2).

Find out where you stand in Utah

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Utah Requirements for Motion for Contempt

Motion to Enforce Order and for Sanctions, Filed Ex Parte

Mandatory Statewide Judicial Council Forms

28-Day Service Requirement Before Hearing

Opposition and Reply Deadlines

Movant Bears the Burden, Including Ability to Comply

Possible Contempt Fines and Jail

Mandatory Make-Up Parent-Time and Compensatory Service

Verification or Supporting Affidavit Required

Identify the Order, Each Violation, and Requested Relief

Frequently Asked Questions