District of Columbia Motion for Contempt

Introduction

Key Things to Know

1. 1

   The District of Columbia calls this a Motion for Contempt, filed in the Domestic Relations Branch for custody, visitation, alimony, or property violations, or a Motion for Contempt of Child Support Order, filed in the Parentage and Support Branch, both resting on D.C. Code section 11-944. Neither is a Judicial Branch form adopted for mandatory use; both are DC Bar Pro Bono Center self-help forms hosted at dccourts.gov, and each packet includes the motion, a points-and-authorities page, and a Rule 5 proof-of-service form.

2. 2

   DC does not require personal service of the contempt motion itself. Under Superior Court Domestic Relations Rule 4(d) and Richardson v. Richardson, certified mail plus first-class mail is enough. Personal service of the Notice of Hearing and Order Directing Appearance is required only if the filer wants the court able to issue a bench warrant if the other party fails to appear.

3. 3

   If the motion is filed 60 days or more after the order being enforced, it must be served the way an original summons is served. Otherwise, the clerk issues and mails the Notice of Hearing and Order Directing Appearance once a judge orders a hearing.

4. 4

   The motion must state the date the order was entered, which part was violated, or, for support, the type, amount, and frequency of support owed plus any medical support terms, the children covered by the order, and the specific relief requested. It is signed under penalty of perjury; no separate notarized affidavit is required.

5. 5

   The movant must show a valid order and noncompliance, and for support, that the other party was able to comply but did not. D.C. Code section 16-916(a) ties the underlying support duty to ability to pay, so a real inability to pay can defeat a support contempt motion.

6. 6

   Do not withhold child support because parenting time was denied, and do not withhold parenting time because support is unpaid. Either move can itself be treated as contempt, and jail is never something the filer chooses or something that happens automatically.

7. 7

   For a custody-related contempt under D.C. Code section 11-1101(1) or (4), civil contempt imprisonment is capped at 12 months, extendable to 18 months only if the person also faces a pending criminal contempt charge for the same conduct. Contempt does not change custody or the support amount; that takes a separate modification request. The DC Child Support Services Division may file its own contempt request on a parent's behalf, and a safety risk should go through DC's restraining order process instead.

Washington Dc Requirements for Motion for Contempt

• Two-Branch, Two-Form Contempt System

  DC splits the same contempt remedy across two forms and branches: a Motion for Contempt for custody, visitation, alimony, or property violations, filed in the Domestic Relations Branch, and a Motion for Contempt of Child Support Order, filed in the Parentage and Support Branch, both resting on D.C. Code section 11-944.

• No Mandatory Numbered Form

  Neither contempt motion is a Judicial Branch form adopted for mandatory use. The DC Bar Pro Bono Center publishes self-help versions hosted at dccourts.gov, and each packet bundles the motion, a points-and-authorities page, and a Rule 5 proof-of-service form.

• Mail Service Sufficient Unless a Bench Warrant Is Sought

  Personal service of the contempt motion itself is not required; certified mail plus first-class mail is enough under Superior Court Domestic Relations Rule 4(d) and Richardson v. Richardson. Personal service of the Notice of Hearing and Order Directing Appearance is required only if the filer wants the court able to issue a bench warrant for a no-show.

• 60-Day Summons-Style Service Trigger

  The clerk issues and mails the Notice of Hearing and Order Directing Appearance once a judge orders a hearing. A motion filed 60 days or more after the order being enforced must be served the way an original summons is served.

• Perjury Declaration, No Notarization Required

  Both DC self-help forms use the same declaration, signed under penalty of perjury, that the statements in the motion are true and correct. No separate notarized affidavit is required.

• Ability to Comply Must Be Shown for Support

  The movant must show a valid order and noncompliance, and for support, that the other party was able to comply but did not. D.C. Code section 16-916(a) ties the underlying support duty to ability to pay.

• 12-Month Civil Contempt Cap in Custody Cases, Extendable to 18

  For a custody-related contempt under D.C. Code section 11-1101(1) or (4), civil contempt imprisonment is capped at 12 months, extendable to 18 months only if the person is separately charged with criminal contempt for the same conduct and that trial is still pending.

• Purge Amount Request on the Child Support Form

  The child support contempt form lets the filer ask the court to order the other party to spend time in jail until they pay a purge amount the court sets after a hearing. Whether to impose any sanction is the court's decision.

• TANF and Medicaid Disclosure on the Child Support Form

  The child support contempt motion requires the filer to disclose whether they are currently receiving TANF and whether they are currently receiving Medicaid or DC Healthy Families, a disclosure not required on the domestic-relations-order motion.