Vermont Motion for Contempt
Vermont pairs its Motion for Contempt with a sworn, notarized statement on the form and a Certificate of Service, and once a court finds contempt of a financial order, incarceration has no fixed statutory limit but a jail order for unpaid money requires a finding of present ability to pay, and confinement ends on meeting the court's purge condition, with judicial review every 15 days.
Find out where you stand in Vermont
What court order is not being followed?
DocDraft provides document preparation, not legal advice.
Introduction
Vermont calls this a Motion for Contempt, filed together with a Notice of Appearance on Form 400-00902 in the Superior Court, Family Division, under the same docket number as the underlying divorce, parentage, or parental rights and responsibilities case. Vermont splits enforcement into two tracks: a Motion to Enforce, Form 400-00905, asks the court to make the other party follow the order without seeking a contempt finding, while the Motion for Contempt, Form 400-00902, asks the court to find the other party in contempt and impose sanctions up to jail. The Vermont Judiciary's self-help page lists Form 400-00902, paired with a Certificate of Service on Form 600-00264, as the current statewide filing for asking for an order of contempt, and the court's form controls what is filed. Vermont law requires the person accused of contempt to be served with a notice of hearing ordering them to appear and show cause, and that notice must warn that failing to appear can lead to an arrest warrant directing a law enforcement officer to bring them to court. The statute does not set how many days before the hearing that notice must go out, so confirm the deadline and the method of service with the family division clerk before filing. For a financial order such as support, maintenance, or a property settlement, the law presumes the other party had the ability to comply once they had notice of the obligation, and it is up to them to prove, with facts, that circumstances beyond their control made compliance impossible. Before turning to jail, the court can order a work search, participation in an employment services program, or a referral to a reparative board; if the court sets a payment as the purge condition, it must first find the other party has the present ability to pay that amount and set a payment date within 30 days of that finding, and only if the payment is not made by that date may the court issue a mittimus, an order committing the person to the custody of the Commissioner of Corrections; confinement then continues until the purge condition is met, with a mandatory court review every 15 days and immediate release on compliance. A contempt finding and jail are never automatic. For unpaid child support, Vermont's Office of Child Support, a division of the Department for Children and Families, can pursue wage withholding, tax refund offset, license nonrenewal, and other administrative collection tools without going to court, and a parent seeking only restored parenting time may instead file a faster motion for enforcement of parent-child contact under 15 V.S.A. section 668a, which the court must hear within 30 days of service. This page does not cover changing the amount of support or the parenting schedule; a separate motion to modify is required for that. If domestic violence or a safety risk is involved, use Vermont's restraining order process rather than confronting the other party. Attorney review is available before filing.
Key Things to Know
- 1
Vermont calls this a Motion for Contempt, filed together with a Notice of Appearance on Form 400-00902 in the Family Division, plus a Certificate of Service on Form 600-00264. A separate Motion to Enforce, Form 400-00905, asks the court to make the other party follow the order without seeking a contempt finding. The court's form controls what is filed.
- 2
The person accused of contempt must be served with a notice of hearing directing them to appear and show cause; failing to appear can lead to an arrest warrant directing a law enforcement officer to bring them to court (15 V.S.A. section 603(d)). The statute does not set a day count for that notice, so ask the family division clerk how far in advance of the hearing service must happen.
- 3
For a financial order, the law presumes the other party had the ability to comply once they had notice of the obligation; the burden shifts to them to prove, with facts, that circumstances beyond their control made compliance impossible (15 V.S.A. section 603(e), (f)).
- 4
Do not withhold child support because parenting time was denied, and do not deny parenting time because support is unpaid. Vermont law treats each issue separately, and either move can itself become the basis for a contempt finding against the parent who does it (15 V.S.A. section 668a(a)-(b)).
- 5
Vermont sets no statutory limit on how long incarceration for contempt of a financial order can last. If the purge condition is a payment, the court must first find the person has the present ability to pay that amount and set a payment date within 30 days of that finding; only if the payment is not made by then may the court issue a mittimus committing the person to custody. Confinement continues until the purge condition is met, with a mandatory review hearing every 15 days and immediate release upon compliance (15 V.S.A. section 603(h)).
- 6
Before jail, the court can order a work search reported to the court or the Office of Child Support, participation in an employment services program, or a referral to a reparative board (15 V.S.A. section 603(h)). Form 400-00902 also lets the filer ask the court to order the other party to pay the costs of bringing the motion, and for a parent-child contact violation, the court can award attorney's fees and costs to the prevailing party (15 V.S.A. section 668a(d)).
- 7
Contempt does not change how much support is owed or the parenting schedule; a separate motion to modify is required for that. Vermont's Office of Child Support can pursue wage withholding and other collection tools without a contempt filing, and a parent seeking only restored parenting time can file a faster motion for enforcement of parent-child contact, which must be heard within 30 days. If domestic violence or a safety risk is involved, use the restraining order process instead.
Key decisions before you file
Before you file a Motion for Contempt in Vermont, 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 guideCustomize your Motion for Contempt Template with DocDraft
Vermont Requirements for Motion for Contempt
Motion for Contempt Filed with Notice of Appearance, Form 400-00902
Vermont's Family Division self-help page lists the Notice of Appearance and Motion for Contempt, Form 400-00902, paired with a Certificate of Service on Form 600-00264, as the current statewide filing for asking for an order of contempt. The court's form controls what is filed.
Two-Track Enforcement: Motion to Enforce or Motion for Contempt
Vermont separates a Motion to Enforce, Form 400-00905, which asks the court to make the other party follow the order without a contempt finding, from a Motion for Contempt, Form 400-00902, which seeks a contempt finding and sanctions up to jail.
Notice of Hearing with Arrest-Warrant Warning
The person accused of contempt must be served with a notice of hearing directing them to appear and show cause; the notice must warn that failing to appear may result in an arrest warrant directing a law enforcement officer to transport the person to court (15 V.S.A. section 603(d)).
Presumption of Ability to Pay for Financial Obligations
A person subject to a court-ordered financial obligation who received notice of it is presumed able to comply. The person may overcome the presumption by showing, with facts, that circumstances beyond their control made compliance impossible (15 V.S.A. section 603(e), (f)).
Graduated Sanction Ladder Before Jail
Before ordering incarceration, the court may order a work search reported to the court or the Office of Child Support, participation in an employment services program, or a referral to a reparative board (15 V.S.A. section 603(h)).
Uncapped Purge-Conditioned Incarceration with 15-Day Review
Vermont sets no statutory limit on the length of incarceration for contempt of a financial order. A payment purge condition requires a finding that the person has the present ability to pay and a payment date within 30 days of that finding before a mittimus can issue. Confinement continues until the purge condition is met, subject to a mandatory review hearing every 15 days and immediate release upon compliance (15 V.S.A. section 603(h)).
Sworn, Notarized Statement Covering Ability and Willfulness
Form 400-00902 requires a sworn statement, signed before a notary, that upon information and belief the other party is able to comply with the order and has willfully and deliberately failed to do so, with supporting facts.
Fast-Track Parent-Child Contact Enforcement Within 30 Days
A motion for enforcement of parent-child contact under 15 V.S.A. section 668a must be heard within 30 days of service and, unless restoration is not in the child's best interest, can restore the amount of parenting time improperly denied.
No Retaliation Between Support and Parenting Time
Vermont law treats a parent's support obligation and the other parent's parenting time as separate: withholding support to retaliate for denied parenting time, or denying parenting time in response to unpaid support, is not permitted and can itself be treated as contempt (15 V.S.A. section 668a(a)-(b)).