Wyoming Motion for Contempt
Wyoming requires the movant's affidavit to be signed in front of the clerk of court or a notary, who witnesses the signature, not simply declared under penalty of perjury at home.
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Introduction
Wyoming enforces custody, visitation, and child support orders through a Motion and Affidavit for Order to Show Cause, filed in the district court that entered the order; Wyoming statutes do not use the phrase "motion for contempt" and instead ask the judge to require the other parent to appear and show just cause why they should not be held in contempt, under Wyo. Stat. Ann. Section 20-2-204(b) for custody and visitation or Section 20-2-310(b) for child support. The Wyoming Judicial Branch publishes a full self-help set, Packet 9, with the Motion and Affidavit itself as form OSC 04; the packet is not stamped for mandatory use, so confirm with your district court clerk whether a local rule requires it, and the court's own form controls if one is required. There is no fee to file the motion, but you must still arrange service. Once a judge signs the Order to Show Cause, it and the motion must be served on the other party; the self-help packet treats personal service by the county sheriff as the norm, with a Return of Service filed with the court. Unless a court order sets a different time, Wyoming's general civil motion rule requires service at least 14 days before the hearing, and both the custody and support statutes route into that same rule; the Order to Show Cause sets the hearing date, so follow any deadline it states. A distinctive requirement: the OSC 04 affidavit cannot simply be declared true under penalty of perjury at home. You must sign it in front of the Clerk of Court or a Notary Public, who witnesses the signature. The motion must show the other parent had knowledge of the order, had the ability to comply, and intentionally and willfully disobeyed it; because ability to comply is part of what the movant must show, evidence that the other parent genuinely could not comply goes to whether contempt is proven, and the court decides. If the court finds contempt, it may award attorney's fees, costs, and other relief it considers necessary, and the judge decides any sanction; no purge condition is spelled out in statute or the self-help forms; the judge decides what happens at the hearing. 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. Other support enforcement tools exist: when a support order is entered or modified, the court also enters an income withholding order, and a driver's license can be suspended when more than $2,500 in child support is unpaid and no full monthly payment has been made for at least 90 consecutive days. The Wyoming Department of Family Services Child Support Program also handles support enforcement. This page does not cover modifying custody, visitation, or support; 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
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Wyoming calls this a Motion and Affidavit for Order to Show Cause, filed under Wyo. Stat. Ann. Section 20-2-204(b) for custody and visitation or Section 20-2-310(b) for child support. The Wyoming Judicial Branch publishes form OSC 04 as part of self-help Packet 9; it is not stamped mandatory, so check with your district court clerk whether it is required.
- 2
The affidavit must be signed in front of the Clerk of Court or a Notary Public, who witnesses the signature; a plain penalty-of-perjury declaration signed at home is not enough.
- 3
After a judge signs the Order to Show Cause, it and the motion must be served on the other party; the self-help packet treats personal service by the county sheriff as the norm, with a Return of Service filed with the court.
- 4
Unless a court order sets a different time, Wyoming's general civil motion rule requires service at least 14 days before the hearing; both the custody/visitation and child support contempt statutes route into that rule. The Order to Show Cause sets the hearing date, so follow any deadline it states.
- 5
The motion must show the other parent had knowledge of the order, had the ability to comply, and intentionally and willfully disobeyed it. Because ability to comply is part of the movant's own showing, evidence that the other parent genuinely could not comply goes to whether contempt is proven, and the court decides.
- 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.
- 7
No purge condition is written into statute or the self-help forms; the court decides any sanction at the hearing. Separately, when a support order is entered or modified the court enters an income withholding order, and a driver's license can be suspended when more than $2,500 in child support is unpaid and no full monthly payment has been made for at least 90 consecutive days.
Key decisions before you file
Before you file a Motion for Contempt in Wyoming, a few decisions shape the document: which option to choose and what each one means. The Motion for Contempt guide walks through them.
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Wyoming Requirements for Motion for Contempt
Motion and Affidavit for Order to Show Cause, Form OSC 04
Wyoming enforces custody, visitation, and child support orders through a Motion and Affidavit for Order to Show Cause under Wyo. Stat. Ann. Section 20-2-204(b) or Section 20-2-310(b). The Wyoming Judicial Branch publishes form OSC 04 in self-help Packet 9; it is not stamped for mandatory use, so confirm with the district court clerk whether it is required.
Notarized or Witnessed Affidavit Signature
The OSC 04 affidavit must be signed in front of the Clerk of Court or a Notary Public, who witnesses the signature, in addition to the standard penalty-of-perjury statement; it cannot simply be signed at home and submitted.
Service Through the County Sheriff
The signed Order to Show Cause and the motion must be served on the other party; the self-help packet treats personal service by the county sheriff as the norm, with a Return of Service filed with the court.
14-Day General Civil Motion Notice Period
Unless a court order sets a different time, Wyoming's general civil motion rule requires service at least 14 days before the hearing on a motion, and both the custody/visitation and child support contempt statutes route into this rule; follow any deadline set in the Order to Show Cause.
Knowledge, Ability, and Willfulness Showing
The motion must show the other party had knowledge of the order, had the ability to comply with it, and intentionally and willfully disobeyed it. Ability to comply is part of the movant's own showing, so genuine inability to comply goes to whether contempt is proven.
Sanctions Decided by the Court
No purge condition is spelled out in statute or the self-help forms for district court civil contempt in a family case; the court decides the sanction, if any, at the hearing.
Discretionary Attorney's Fees and Costs
On a finding of contempt, the court may award attorney's fees, costs, and any other relief it deems necessary to the aggrieved party under Wyo. Stat. Ann. Section 20-2-204(b) or Section 20-2-310(b); the award is discretionary, not automatic.
Support Agency Enforcement Alternative
When a support order is entered or modified, the court also enters an income withholding order, and a driver's license can be suspended when more than $2,500 in child support is unpaid and no full monthly payment has been made for at least 90 consecutive days. The Wyoming Department of Family Services Child Support Program also handles support enforcement.
Identify the Order, Violations, and Attach a Copy
The motion must identify the order and what it concerns, summarize what the order required, state which party violated it and how, confirm there has been no stay or modification, and attach a copy of the order being enforced.