What is a motion for contempt called in Wisconsin?

Wisconsin calls it a motion for remedial sanction for contempt of court under Wis. Stat. §§ 785.02 and 785.03(1)(a). The circuit court packages it as an Order to Show Cause and Declaration for Finding of Contempt, forms FA-4172VA and FA-4172VB, which are voluntary rather than mandatory.

Are the Wisconsin contempt forms mandatory?

No, not for a general violation such as unpaid support or an unperformed property term; FA-4172VA, FA-4172VB, and FA-4176V are labeled voluntary forms. The exception is a denied or interfered-with placement violation, which instead uses mandatory forms FA-609 and FA-611 under a different statute, Wis. Stat. § 767.471.

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

Jail is not automatic. The court decides first whether contempt occurred. If it does, remedial imprisonment may last only as long as the contempt continues or 6 months, whichever is shorter, and the court can set purge conditions that let the other parent avoid or end that imprisonment. A separate punitive contempt track caps jail at 1 year or 30 days depending on the procedure used.

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

Contempt requires intentional noncompliance. For unpaid support, the court can find you in contempt only if it finds you could have paid but did not, and the evidence must support a finding that you intentionally disobeyed the order. If the court sets purge conditions, you must be given a chance to show that failing to meet them was not willful before your liberty is restricted.

What happens if my ex denies my parenting time in Wisconsin?

Denied or interfered-with physical placement time is enforced through a separate motion under Wis. Stat. § 767.471, using mandatory forms FA-609 and FA-611, and the court must hold a hearing within 30 days of service unless extended by agreement or a guardian ad litem's motion. If the court finds the denial was intentional and unreasonable, it must award make up placement time and the movant's reasonable costs and attorney fees. Do not withhold child support in response to denied parenting time; that can itself be treated as contempt.

What is the difference between remedial and punitive contempt in Wisconsin?

A remedial sanction must be purgeable, meaning the other parent can end it by complying, and remedial imprisonment is capped at 6 months or the length of the contempt, whichever is shorter, with forfeitures capped at $2,000 per day. A punitive sanction is a fixed penalty instead, capped at a $5,000 fine, 1 year in jail, or both for each separate contempt under nonsummary procedure, or $500, 30 days, or both under summary procedure.

Wisconsin Motion for Contempt

Q: Does Wisconsin require personal service for a contempt motion?

Yes. The respondent must be personally served, and the official forms require at least 5 business days notice before the hearing. Without proof of service, the court cannot proceed with the hearing.

Q: Can Wisconsin help me collect child support without filing for contempt?

Yes. The Wisconsin Child Support Program, run through the Department of Children and Families and local county child support agencies, can pursue income withholding, a driver's license suspension of up to 2 years when support is at least 90 days past due and the court finds an ability to pay, property liens, and tax refund intercepts without a contempt filing.

Wisconsin runs two separate tracks: a voluntary-form remedial sanction motion for most violations, and a mandatory-form placement enforcement motion that requires make up time and fees on a finding of intentional, unreasonable denial.

Find out where you stand in Wisconsin

What court order is not being followed?

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Introduction

Wisconsin enforces a family court order through a motion for remedial sanction for contempt of court under Wis. Stat. §§ 785.02 and 785.03(1)(a), which the circuit court's Judicial Council forms package as a two-part Order to Show Cause and Declaration for Finding of Contempt, forms FA-4172VA and FA-4172VB, with a Decision and Order for Contempt on form FA-4176V. Those three forms are labeled voluntary, so a self-represented filer may use them or draft an equivalent motion, and the motion is filed under the existing family case number, not a new case. Denied or interfered-with physical placement time is different: it is enforced instead through a Motion to Enforce Physical Placement Order under Wis. Stat. § 767.471, using mandatory forms FA-609 and FA-611. The respondent must be personally served, and the forms require at least 5 business days notice before the hearing; a placement enforcement motion must be heard within 30 days of service unless extended by agreement or a guardian ad litem's motion. A hearing is often held before a Family Court Commissioner, whose ruling can be reviewed at a judge's de novo hearing on request. If the court finds contempt, it may impose a remedial sanction, including remedial imprisonment that lasts only as long as the contempt continues or 6 months, whichever is shorter, or a remedial forfeiture of up to $2,000 for each day the contempt continues; if the matter is instead prosecuted as punitive contempt, the caps are a $5,000 fine, 1 year in jail, or both for each separate contempt under nonsummary procedure, or $500, 30 days, or both under summary procedure. If the court finds intentional and unreasonable denial or interference with placement, it must award make up placement time and the movant's reasonable costs and attorney fees, and intentionally violating a resulting compliance injunction, capped at 2 years, is a Class I felony. Contempt requires intentional noncompliance, and Wisconsin case law requires giving the respondent a chance to show that a failure to meet a purge condition was not willful before liberty is restricted; for unpaid support, the court can find contempt if it finds the parent could have paid but did not. Filing this motion does not mean the other parent will go to jail: the court decides whether contempt occurred and what sanction, if any, follows. Do not withhold child support because parenting time was denied, and do not deny parenting time because support is unpaid; either one can itself be treated as contempt. The Wisconsin Child Support Program, run through the Department of Children and Families and local county child support agencies, can pursue income withholding, a driver's license suspension of up to 2 years when support is at least 90 days past due and the court finds an ability to pay, property liens, and tax refund intercepts without a contempt filing. This page does not cover modifying support or a placement schedule; 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
Wisconsin calls this a motion for remedial sanction for contempt of court under Wis. Stat. §§ 785.02 and 785.03(1)(a). The circuit court's voluntary forms are FA-4172VA (Declaration for Finding of Contempt), FA-4172VB (Order to Show Cause), and FA-4176V (Decision and Order for Contempt). A denied or interfered-with placement violation instead uses a different, mandatory-form motion under Wis. Stat. § 767.471, forms FA-609 and FA-611.
2
The respondent must be personally served, and the official forms require at least 5 business days notice before the hearing. A placement enforcement motion under § 767.471 must be heard within 30 days of service, unless extended by agreement or a guardian ad litem's motion.
3
Remedial imprisonment for contempt may last only as long as the contempt continues or 6 months, whichever is shorter, and a remedial forfeiture may not exceed $2,000 for each day the contempt continues (Wis. Stat. § 785.04(1)(b)-(c)). If pursued as punitive contempt instead, the cap is a $5,000 fine, 1 year in jail, or both for each separate contempt under nonsummary procedure, or $500, 30 days, or both under summary procedure (§ 785.04(2)).
4
A placement enforcement motion carries mandatory remedies a general contempt motion does not: on a finding of intentional and unreasonable denial or interference, the court must award make up placement time and the movant's reasonable costs and attorney fees (§ 767.471(5)(b)), and intentionally violating a resulting compliance injunction, capped at 2 years, is a Class I felony (§ 767.471(8)).
5
Contempt requires intentional disobedience of the order, and Wisconsin courts must give the other parent a chance to show that failing to meet a purge condition was not willful before restricting liberty. For unpaid support, the court can find contempt if it finds the parent could have paid but did not; the person filing still has to show the violation was intentional.
6
Do not withhold child support because parenting time was denied, and do not deny parenting time because support is unpaid; either one can itself be treated as contempt of the underlying order.
7
The Wisconsin Child Support Program, administered by the Department of Children and Families through county and tribal child support agencies, can pursue income withholding, a driver's license suspension of up to 2 years when support is at least 90 days past due and the court finds an ability to pay, property liens, and tax refund intercepts without a contempt filing. This page does not cover modifying support or a placement schedule (see DocDraft's child support modification and parenting plan pages), and if there is domestic violence or a safety risk, use DocDraft's getting a restraining order guide instead.

Key decisions before you file

Before you file a Motion for Contempt in Wisconsin, 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]

STATE OF WISCONSIN CIRCUIT COURT [COUNTY] COUNTY

IN RE THE MARRIAGE OF: [PETITIONER NAME], Petitioner, and [RESPONDENT NAME], Respondent.

MOTION FOR REMEDIAL SANCTION FOR CONTEMPT OF COURT

NOTE: Wisconsin's official forms for this filing are FA-4172VA (Declaration for Finding of Contempt) and FA-4172VB (Order to Show Cause for Finding of Contempt). They are voluntary, but if you use them, the court's form controls over this draft.

NOW COMES [PETITIONER NAME] ("Movant"), and moves this Court, under Wis. Stat. §§ 785.02 and 785.03(1)(a), for an order directing [RESPONDENT NAME] ("Respondent") to appear and show cause why Respondent should not be held in contempt of court, and states:

On [DATE OF ORDER], this Court entered an order in this case requiring Respondent to [ORDER PROVISION AT ISSUE].
Respondent had knowledge of this order.
Respondent has intentionally failed to comply with the order as follows: a. [DATE OF VIOLATION]: [FAILURE TO COMPLY AND AMOUNT UNPAID] b. [DATE OF VIOLATION]: [FAILURE TO COMPLY AND AMOUNT UNPAID] c. [DATE OF VIOLATION]: [FAILURE TO COMPLY AND AMOUNT UNPAID]
As of the date of this motion, Respondent owes [DOLLAR AMOUNT] in unpaid [TYPE OF OBLIGATION] for the period from [START DATE] through [END DATE].
Respondent's noncompliance was intentional; on information and belief, Respondent could have complied but did not.
Movant has incurred costs in bringing this motion.

WHEREFORE, Movant asks this Court to: a. Issue an order to show cause directing Respondent to appear on a date this Court sets and show cause why Respondent should not be held in contempt of court; b. Find, on the evidence presented at the hearing, that Respondent intentionally disobeyed the order and is in contempt of court under Wis. Stat. §§ 785.01(1)(b) and 785.03(1)(a); c. Order Respondent to pay the amount stated above; d. Impose a remedial sanction under Wis. Stat. § 785.04(1), including purge conditions that allow Respondent to avoid or end any remedial imprisonment; e. Order Respondent to pay Movant a sum to compensate for the loss or injury suffered because of the contempt, including Movant's costs in bringing this motion; f. Grant any other relief this Court deems just.

DECLARATION

I declare under the criminal penalty of false swearing that the information I have provided in this motion is true and accurate.

Dated: [DATE]

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

NOTICE OF HEARING

TAKE NOTICE that this motion will be heard on [HEARING DATE] at [TIME], before [JUDGE OR FAMILY COURT COMMISSIONER NAME], Circuit Court, [COUNTY] County, Wisconsin, at [COURTHOUSE ADDRESS].

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a copy of this Motion, Order to Show Cause, and Notice of Hearing was personally served on [RESPONDENT NAME] at least 5 business days before the hearing date stated above.

[SIGNATURE] [NAME]

Wisconsin Requirements for Motion for Contempt

Motion for Remedial Sanction, Voluntary General Forms
Wisconsin enforces most family order violations through a motion for remedial sanction for contempt under Wis. Stat. §§ 785.02 and 785.03(1)(a). The circuit court's forms, FA-4172VA (Declaration for Finding of Contempt), FA-4172VB (Order to Show Cause), and FA-4176V (Decision and Order for Contempt), are labeled voluntary rather than mandatory.
Mandatory Placement Enforcement Track
A denied or interfered-with physical placement violation is enforced through a separately named motion under Wis. Stat. § 767.471, using mandatory forms FA-609 (Notice of Hearing and Motion to Enforce Physical Placement Order) and FA-611 (Order to Enforce Physical Placement Order).
Personal Service and 5 Business Days Notice
The respondent must be personally served, and the official forms require at least 5 business days notice before the hearing on both the general contempt track and the placement enforcement track. A placement enforcement motion must be heard within 30 days of service unless extended by agreement or a guardian ad litem's motion (Wis. Stat. § 767.471(5)(a)).
Remedial Imprisonment and Forfeiture Caps
Remedial imprisonment may last only as long as the contempt continues or 6 months, whichever is shorter, and a remedial forfeiture may not exceed $2,000 for each day the contempt continues (Wis. Stat. § 785.04(1)(b)-(c)).
Punitive Contempt Alternative Caps
If pursued as punitive contempt instead of remedial, nonsummary procedure caps the penalty at a $5,000 fine, 1 year in county jail, or both for each separate contempt, and summary procedure caps it at $500, 30 days in jail, or both (Wis. Stat. § 785.04(2)).
Mandatory Make-Up Time, Fees, and Felony Injunction Penalty
On a finding of intentional and unreasonable denial or interference with placement, the court must award make up placement time and the movant's reasonable costs and attorney fees (Wis. Stat. § 767.471(5)(b)). Intentionally violating a resulting compliance injunction, capped at 2 years, is a Class I felony (§ 767.471(8)).
Willfulness and Ability-to-Pay Defense
Contempt requires intentional disobedience of the order (Wis. Stat. § 785.01(1)(b)), and the respondent must be given a chance to show that failing to meet a purge condition was not willful before liberty is restricted.
Declaration Under Criminal Penalty of False Swearing
The motion is verified through an unsworn declaration signed under criminal penalty of false swearing rather than a notarized affidavit, matching the signature block on form FA-4172VA.
Identify the Order, Violations, and Relief Requested
The motion must identify the order and the date it was entered, each specific violation with its date and any unpaid amount, the facts supporting the claim that the respondent is in contempt, and the remedial sanction requested, as on form FA-4172VA.

Find out where you stand in Wisconsin

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Wisconsin Requirements for Motion for Contempt

Motion for Remedial Sanction, Voluntary General Forms

Mandatory Placement Enforcement Track

Personal Service and 5 Business Days Notice

Remedial Imprisonment and Forfeiture Caps

Punitive Contempt Alternative Caps

Mandatory Make-Up Time, Fees, and Felony Injunction Penalty

Willfulness and Ability-to-Pay Defense

Declaration Under Criminal Penalty of False Swearing

Identify the Order, Violations, and Relief Requested

Frequently Asked Questions