What is a motion for contempt called in West Virginia?

West Virginia calls it a Petition for Contempt, filed on the judiciary's official form SCA-FC-251 with its instruction packet SCA-FC-250. Filing it asks the family court to issue a Notice of Contempt Hearing / Rule to Show Cause directing the other parent or spouse to appear.

Does West Virginia require personal service for a contempt petition?

Yes. The county sheriff, not the petitioner, personally serves the Petition and the Notice/Rule on the respondent. The petitioner must go to the Circuit Clerk's Office and pay a $30 fee for that service, or file a fee waiver affidavit, or the case cannot proceed.

How much notice do I have to give before a West Virginia contempt hearing?

Ask the family court clerk how much notice the other party must receive before the hearing. Family Court Rule 21(a) separately requires the hearing to occur within 45 days of filing if the grounds pled warrant one, and requires the court to dismiss the petition within 20 days if they do not.

Will a West Virginia court order the other party to pay my attorney's fees in a contempt case?

It can, but that is discretionary, not automatic. Costs and attorney's fees may be taxed against a party who is financially able to pay, and for a parenting plan violation, the court may separately order fees and expenses under the parenting plan enforcement statute.

Is there a faster way to enforce parenting time in West Virginia than filing for contempt?

Yes. A separate statute, Section 48-9-501, lets a parent seek an appropriate remedy for a parenting plan violation without pleading or proving contempt, including make up parenting time, cost reimbursement, and an escalating civil penalty of up to $100, $500, or $1,000 for a first, second, or third or later violation.

West Virginia Motion for Contempt

Q: What if I could not afford to pay child support in West Virginia?

West Virginia's inability to pay defense is broad. Under Section 51-2A-9(b), a person who lacks the present ability to comply may not be confined for any civil contempt of a family court order, not just unpaid support, and Section 48-1-304(c) separately bars imprisonment for nonpayment of support caused by a genuine financial inability to pay.

Q: Can the West Virginia Bureau for Child Support Enforcement help me collect support without me filing for contempt myself?

Yes. The Bureau for Child Support Enforcement can pursue income withholding on a support order and can itself commence a contempt proceeding against a delinquent obligor, in addition to or instead of a party doing so.

West Virginia splits every contempt case into two tracks from the start: civil contempt heard only in family court, and criminal contempt tried in circuit court with a waivable jury trial right.

Find out where you stand in West Virginia

What court order is not being followed?

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Introduction

West Virginia calls this a Petition for Contempt, filed on the judiciary's official form SCA-FC-251 with its companion instruction packet, form SCA-FC-250. Filing it asks the family court to issue a Notice of Contempt Hearing / Rule to Show Cause directing the other parent or former spouse to appear. West Virginia splits every contempt case into two tracks from the start: a petition alleging civil contempt is heard only in family court, while a petition alleging criminal contempt of an underlying chapter 48 order instead goes to circuit court, where the respondent has a jury trial right that can be waived (W. Va. Code Section 48-1-304(a)-(b); Section 51-2A-2(a)(10)). This page covers the civil contempt track that a parent or former spouse typically files. The county sheriff, not the petitioner, personally serves the Petition and the Notice/Rule; once the court sets a hearing and the petitioner receives the Notice/Rule, the petitioner must go to the Circuit Clerk's Office and pay a $30 fee for that service, or file a fee waiver affidavit, or the case will not proceed. Ask the family court clerk how much notice the other party must receive before the hearing. Family Court Rule 21(a) requires the hearing to occur within 45 days of filing if the grounds pled warrant one, and requires the court to dismiss the petition within 20 days if they do not. The Petition must be sworn and verified before a notary public or other authorized official, and must state, for a money violation, the due date and amount of every unpaid installment and the total amount unpaid as of the date signed, with a copy of the order attached; for a parenting plan violation, the date of each instance and a specific explanation, with a copy of the plan attached; or for another order violation, the same detail with a copy of that order. Jail is possible but is never automatic and is not the filer's choice; the court decides after a hearing. If the court finds civil contempt, it may confine the contemnor for an indeterminate period not to exceed 6 months, or until the contempt is purged, whichever happens first, and it must first give the contemnor a reasonable time and method to purge and use the least restrictive sanction that will accomplish compliance; criminal contempt in circuit court instead carries a determinate term of up to 6 months in county jail. Attorney's fees may be taxed against a party financially able to pay, but that is discretionary. West Virginia's inability to pay defense is broader than in many states: under Section 51-2A-9(b), a person who lacks the present ability to comply may not be confined for any civil contempt of a family court order, not just unpaid support, and Section 48-1-304(c) separately bars imprisonment for nonpayment of support caused by a genuine financial inability to pay. For denied parenting time specifically, a separate statute, Section 48-9-501, lets a parent seek make up parenting time, cost reimbursement, and an escalating civil penalty of up to $100, $500, or $1,000 for a first, second, or third or later violation, without pleading or proving contempt at all. 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. The West Virginia Bureau for Child Support Enforcement can pursue income withholding on every support order and can itself commence a contempt proceeding against a delinquent obligor. This page does not cover modifying support or a parenting plan; use DocDraft's child support modification and parenting plan pages for that, and 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
West Virginia calls this a Petition for Contempt, filed on the judiciary's official form SCA-FC-251 with its instruction packet SCA-FC-250, which asks the family court to issue a Notice of Contempt Hearing / Rule to Show Cause. Civil contempt is heard only in family court; criminal contempt of a chapter 48 order instead goes to circuit court, where the respondent has a jury trial right that can be waived (W. Va. Code Section 48-1-304(a)-(b)).
2
The county sheriff, not the petitioner, personally serves the Petition and the Notice/Rule. The petitioner must go to the Circuit Clerk's Office and pay a $30 fee for that service, or file a fee waiver affidavit, before the case can proceed (SCA-FC-250 Instructions, Steps 3 and 5).
3
Ask the family court clerk how much notice the other party must receive before the hearing. Family Court Rule 21(a) separately requires the hearing to take place within 45 days of filing if the grounds pled warrant one, and requires the court to dismiss the petition within 20 days if they do not.
4
The Petition must be sworn and verified before a notary public or other authorized official. Depending on the violation, it must state the due dates and amounts of unpaid installments, the dates and details of a parenting plan violation, or the dates and details of another order violation, with a copy of the order or plan attached.
5
Jail is possible but is never automatic and is not the filer's choice; the court decides after a hearing. A family court may confine a civil contemnor for an indeterminate period not to exceed 6 months, or until the contempt is purged, whichever happens first, and must first give a reasonable time and method to purge and use the least restrictive sanction. Criminal contempt in circuit court instead carries a determinate term of up to 6 months in county jail.
6
West Virginia's inability to pay defense is broader than in many states. Under Section 51-2A-9(b), a person who lacks the present ability to comply may not be confined for any civil contempt of a family court order, not just unpaid support, and Section 48-1-304(c) separately bars imprisonment for nonpayment of support caused by a genuine financial inability to pay.
7
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. A separate statute, Section 48-9-501, lets a parent seek make up parenting time and an escalating civil penalty of up to $100, $500, or $1,000 without proving contempt, and the West Virginia Bureau for Child Support Enforcement can pursue income withholding or file its own contempt proceeding for unpaid support.

Key decisions before you file

Before you file a Motion for Contempt in West Virginia, 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

CIVIL ACTION NO. [CASE NUMBER]

[PETITIONER NAME], Petitioner,

[RESPONDENT NAME], Respondent.

IN THE FAMILY COURT OF [COUNTY] COUNTY, WEST VIRGINIA

PETITION FOR CONTEMPT

This draft is prepared for transfer onto the West Virginia judiciary's official Petition for Contempt, form SCA-FC-251, used with its instruction packet, form SCA-FC-250. The court's official form, not this draft, controls what is filed.

PARTIES

Petitioner [PETITIONER NAME], residing at [PETITIONER ADDRESS], asks this Court to hold Respondent [RESPONDENT NAME], residing at [RESPONDENT ADDRESS], daytime phone [RESPONDENT PHONE NUMBER], in contempt of court.

ORDER VIOLATED

On [DATE OF ORDER], this Court entered [ORDER TITLE], requiring Respondent to [DESCRIPTION OF THE PROVISION VIOLATED]. A copy of that order is attached to this Petition.

NATURE OF THE VIOLATION

This Petition concerns [TYPE OF VIOLATION]. Respondent has failed to comply as follows:

a. [DATE OF VIOLATION]: [DESCRIPTION OF THE FAILURE AND AMOUNT UNPAID] b. [DATE OF VIOLATION]: [DESCRIPTION OF THE FAILURE AND AMOUNT UNPAID]

As of the date of this Petition, the total amount due and unpaid is [TOTAL AMOUNT DUE AND UNPAID].

DOCUMENTS ATTACHED

Petitioner attaches the following to prove the violation: [LIST OF ATTACHED DOCUMENTS].

RELIEF REQUESTED

Petitioner asks the Court to:

a. issue a Notice of Contempt Hearing / Rule to Show Cause directing Respondent to appear and show cause why Respondent should not be held in contempt of court; b. find Respondent in contempt of court for each violation described above; c. order Respondent to pay the total amount due and unpaid stated above, if any; d. order Respondent to comply fully with the order described above going forward; e. order Respondent to pay Petitioner's costs and reasonable attorney's fees; f. impose the least restrictive sanction that will accomplish compliance, with a reasonable opportunity for Respondent to purge the contempt; and g. grant any other relief the Court deems just.

VERIFICATION

I, [PETITIONER NAME], after making an oath or affirmation to tell the truth, say that the facts I have stated in this Petition for Contempt are true of my personal knowledge.

[SIGNATURE] [PETITIONER NAME] [ADDRESS] [CITY, WEST VIRGINIA ZIP] [PHONE NUMBER]

Sworn to and subscribed before me this [DATE] by [PETITIONER NAME].

[SIGNATURE OF NOTARY PUBLIC OR AUTHORIZED OFFICIAL] [PRINTED NAME AND COMMISSION EXPIRATION DATE]

SERVICE

The petitioner does not serve this Petition. After the court sets a hearing and the petitioner receives the Notice of Contempt Hearing / Rule to Show Cause, the petitioner must pay the $30 personal service fee at the Circuit Clerk's Office, or file a fee waiver affidavit, so that the county sheriff can personally serve this Petition and the Notice/Rule on Respondent at the complete address stated above.

West Virginia Requirements for Motion for Contempt

Petition for Contempt on Official Form SCA-FC-251
West Virginia's judiciary publishes an official Petition for Contempt, form SCA-FC-251, with an instruction packet, form SCA-FC-250; filing it asks the family court to issue a Notice of Contempt Hearing / Rule to Show Cause (W. Va. Code Section 48-1-304(a)).
Civil and Criminal Contempt Are Different Tracks
A petition alleging civil contempt is heard only in family court. A petition alleging criminal contempt of a chapter 48 order instead goes to circuit court, where the respondent has a jury trial right that can be waived (W. Va. Code Section 48-1-304(a)-(b); Section 51-2A-2(a)(10)).
Sheriff Personal Service and a $30 Fee
The county sheriff, not the petitioner, personally serves the Petition and the Notice/Rule. The petitioner must pay a $30 fee for that service at the Circuit Clerk's Office, or file a fee waiver affidavit, before the case can proceed (SCA-FC-250 Instructions, Steps 3 and 5).
45 Day Hearing Deadline and 20 Day Dismissal Clock
Family Court Rule 21(a) requires a contempt hearing to occur within 45 days of filing if the grounds pled warrant one, and requires the court to dismiss the petition within 20 days if they do not. Ask the family court clerk how much notice the other party must receive before the hearing.
Sworn Verification Required
The Petition must be verified under oath or affirmation before a notary public or other authorized official; an incomplete or improperly verified petition may be dismissed or delayed without a hearing (W. Va. Code Section 48-1-304(a); SCA-FC-250 Instructions, Step 5).
Civil Confinement Capped at 6 Months or Until Purged
Civil contempt confinement in family court is for an indeterminate period not to exceed 6 months, or until the contemnor purges, whichever happens first; criminal contempt in circuit court instead carries a determinate term of up to 6 months in county jail (W. Va. Code Section 48-1-304(a)-(b)).
Ability to Pay Defense Reaches All Civil Contempt
Under Section 51-2A-9(b), a person who lacks the present ability to comply may not be confined for any civil contempt of a family court order, not just unpaid support, and Section 48-1-304(c) separately bars imprisonment for nonpayment of support caused by a genuine inability to pay.
Make Up Parenting Time and Escalating Civil Penalties
A separate statute, Section 48-9-501, lets a parent seek make up parenting time, cost reimbursement, and an escalating civil penalty of up to $100, $500, or $1,000 for a first, second, or third or later parenting plan violation, without pleading or proving contempt.
Identify the Order, Each Violation, and the Relief Requested
The Petition must identify the order violated with its date, state the category of violation, list the date and amount or detail of each instance of noncompliance, attach a copy of the order or plan, and list any documents attached to prove the violation.

Find out where you stand in West Virginia

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

West Virginia Requirements for Motion for Contempt

Petition for Contempt on Official Form SCA-FC-251

Civil and Criminal Contempt Are Different Tracks

Sheriff Personal Service and a $30 Fee

45 Day Hearing Deadline and 20 Day Dismissal Clock

Sworn Verification Required

Civil Confinement Capped at 6 Months or Until Purged

Ability to Pay Defense Reaches All Civil Contempt

Make Up Parenting Time and Escalating Civil Penalties

Identify the Order, Each Violation, and the Relief Requested

Frequently Asked Questions