MOTION FOR CONTEMPT - CHILD SUPPORT ENFORCEMENT

Court Information

Court Name: [________________________________]

Case Number: [________________________________]

Division/Department: [________________________________]

Caption

IN THE [________________] COURT OF [________________]
FAMILY LAW / DOMESTIC RELATIONS DIVISION

Motion

COMES NOW, [________________________________] ("Obligee"), by and through undersigned counsel, and respectfully moves this Honorable Court for an Order finding [________________________________] ("Obligor") in civil contempt of court for willful failure to comply with this Court's child support order, and in support thereof states as follows:

I. INTRODUCTION

1. On [__/__/____], this Court entered an Order requiring Obligor to pay child support in the amount of $[________] per [☐ week / ☐ bi-weekly / ☐ month] for the support of the following minor child(ren):

2. Despite having the ability to comply, Obligor has willfully failed to make child support payments as ordered, resulting in an arrearage of $[________] as of [__/__/____].

3. Obligee seeks a finding of civil contempt and appropriate sanctions to compel Obligor's compliance with the child support order.

II. PARTIES AND JURISDICTION

4. Obligee resides at [________________________________], [________________], [____] [________].

5. Obligor resides at [________________________________], [________________], [____] [________].

6. The minor child(ren) currently reside(s) with [☐ Obligee / ☐ Obligor / ☐ Other: ________________].

7. This Court has jurisdiction over this matter because:

☐ This Court entered the original child support order
☐ The child(ren) and/or parties reside in this jurisdiction
☐ UIFSA provisions establish jurisdiction
☐ Other: [________________________________]

III. THE CHILD SUPPORT ORDER

8. On [__/__/____], this Court entered a Child Support Order (the "Support Order") requiring Obligor to pay:

a. Basic Child Support: $[________] per [☐ week / ☐ bi-weekly / ☐ month]

b. Health Insurance: ☐ Obligor to maintain / ☐ Obligee to maintain
- Monthly premium contribution: $[________]

c. Unreimbursed Medical Expenses:
- Obligor's share: [____]%
- Obligee's share: [____]%

d. Childcare Expenses:
- Obligor's share: [____]%
- Obligee's share: [____]%

e. Educational Expenses:
- Obligor's share: [____]%
- Obligee's share: [____]%

f. Extracurricular Activity Expenses:
- Obligor's share: [____]%
- Obligee's share: [____]%

g. Other Expenses: [________________________________]

9. Payments were ordered to be made:

☐ Directly to Obligee
☐ Through the State Disbursement Unit (SDU)
☐ Through income withholding
☐ To: [________________________________]

10. A copy of the Support Order is attached as Exhibit A.

IV. OBLIGOR'S NONCOMPLIANCE

A. Payment History

11. Since the entry of the Support Order, Obligor's payment history is as follows:

B. Arrearage Calculation

12. As of [__/__/____], the child support arrearage is calculated as follows:

13. ☐ A Certified Arrearage Affidavit from [☐ the Clerk of Court / ☐ the State Child Support Enforcement Agency / ☐ Other: ________________] is attached as Exhibit B.

C. Specific Violations

14. Obligor has failed to comply with the Support Order in the following specific ways:

☐ Failed to make regular child support payments since [__/__/____]

☐ Made partial payments only, paying $[________] instead of $[________]

☐ Failed to maintain health insurance coverage for the child(ren)

☐ Failed to pay [____]% share of unreimbursed medical expenses totaling $[________]

☐ Failed to pay [____]% share of childcare expenses totaling $[________]

☐ Failed to pay [____]% share of educational expenses totaling $[________]

☐ Other violations: [________________________________]

V. OBLIGOR'S ABILITY TO PAY

15. Obligor has the present ability to comply with the Support Order based on the following:

A. Employment and Income

16. Obligor's current employment status:

☐ Employed at: [________________________________]
☐ Position/Title: [________________________________]
☐ Approximate income: $[________] per [☐ hour / ☐ week / ☐ month / ☐ year]
☐ Self-employed as: [________________________________]
☐ Unemployed since: [__/__/____]
☐ Unknown

17. Evidence of Obligor's employment/income:

[________________________________]

B. Assets and Resources

18. Upon information and belief, Obligor has the following assets and resources:

☐ Real property located at: [________________________________]
☐ Vehicles: [________________________________]
☐ Bank accounts: [________________________________]
☐ Investments: [________________________________]
☐ Other assets: [________________________________]

C. Lifestyle Indicators

19. Obligor has demonstrated the ability to pay based on the following lifestyle indicators:

☐ Maintaining residence at: [________________________________]
☐ Operating vehicle(s): [________________________________]
☐ Taking vacations/travel to: [________________________________]
☐ Making purchases of: [________________________________]
☐ Supporting other persons/households: [________________________________]
☐ Other indicators: [________________________________]

VI. WILLFULNESS OF OBLIGOR'S FAILURE

20. Obligor's failure to pay child support is willful, not the result of inability, as evidenced by:

a. [________________________________]

b. [________________________________]

c. [________________________________]

21. Obligor has:

☐ Made no attempts to seek modification of the Support Order despite claimed inability to pay
☐ Failed to provide financial disclosure despite requests
☐ Voluntarily reduced income or quit employment
☐ Hidden assets or income
☐ Made payments for non-necessities while failing to pay support
☐ Other: [________________________________]

VII. HARM TO CHILD(REN) AND OBLIGEE

22. As a result of Obligor's failure to pay child support, the child(ren) and Obligee have suffered the following harm:

a. [________________________________]

b. [________________________________]

c. [________________________________]

23. Obligee has incurred the following expenses that should have been paid or shared by Obligor:

[________________________________]

VIII. PRIOR ENFORCEMENT EFFORTS

24. The following prior enforcement efforts have been made:

☐ Demand letters sent on: [__/__/____], [__/__/____], [__/__/____]
☐ Income withholding order issued on: [__/__/____]
☐ License suspension proceedings initiated on: [__/__/____]
☐ Credit bureau reporting on: [__/__/____]
☐ Prior contempt proceedings on: [__/__/____]
☐ State child support enforcement assistance requested on: [__/__/____]
☐ Other enforcement efforts: [________________________________]

25. These prior efforts have been unsuccessful because: [________________________________]

IX. REQUESTED SANCTIONS

A. Coercive Sanctions

☐ Incarceration until Obligor:
- Pays $[________] toward the arrearage; and/or
- Makes arrangements for ongoing payment

☐ Daily fines of $[________] per day until Obligor comes into compliance

☐ Income withholding order (if not already in place)

☐ Seizure of tax refunds

☐ Suspension of:
☐ Driver's license
☐ Professional license(s): [________________________________]
☐ Recreational license(s)
☐ Passport

☐ Lien on Obligor's real property

☐ Other coercive sanctions: [________________________________]

B. Compensatory Sanctions

☐ Judgment for arrearage in the amount of $[________]

☐ Attorney's fees and costs incurred in bringing this Motion: $[________]

☐ Interest on arrearage at the rate of [____]% per annum

☐ Other compensatory relief: [________________________________]

C. Purge Conditions

☐ Obligor may purge the contempt by:
- Paying $[________] within [____] days; and
- Making all future payments on time; and
- [________________________________]

X. REQUESTED RELIEF

WHEREFORE, Obligee respectfully requests that this Court:

☐ A. Find Obligor in civil contempt for willful failure to comply with the Support Order;

☐ B. Enter a judgment for child support arrears in the amount of $[________];

☐ C. Order Obligor incarcerated until Obligor pays $[________] and/or purges the contempt;

☐ D. Order income withholding for current support and arrears;

☐ E. Order suspension of Obligor's driver's license, professional licenses, and/or passport;

☐ F. Order a lien placed on Obligor's real property;

☐ G. Award Obligee attorney's fees and costs in the amount of $[________];

☐ H. Award interest on the arrearage;

☐ I. Establish a purge condition allowing Obligor to avoid or terminate incarceration upon payment of $[________];

☐ J. Order Obligor to provide updated financial disclosure;

☐ K. Set a compliance review hearing for [__/__/____];

☐ L. Grant such other and further relief as this Court deems just and proper.

XI. REQUEST FOR HEARING

Obligee requests an evidentiary hearing on this Motion.

Estimated time needed for hearing: [____] hours

Verification/Declaration

I, [________________________________], declare under penalty of perjury under the laws of [________________________________] that:

1. I am the Obligee in the above-captioned matter.
2. I have personal knowledge of the facts stated herein.
3. The foregoing is true and correct to the best of my knowledge, information, and belief.
4. The arrearage calculation is accurate based on my records and/or certified documentation.

Executed on [__/__/____] at [________________________________].

Signature: ___________________________________

Printed Name: [________________________________]

Attorney Information

Attorney for Obligee:

Name: [________________________________]

Bar Number: [________________________________]

Firm Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Fax: [________________________________]

Email: [________________________________]

Signature: ___________________________________

Date: [__/__/____]

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Contempt - Child Support Enforcement was served upon the following by:

☐ Personal Service (REQUIRED in most jurisdictions for contempt)
☐ Certified Mail, Return Receipt Requested
☐ Other method authorized by court rule: [________________________________]

Served Upon:

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Signature: ___________________________________

Date: [__/__/____]

Exhibits Checklist

☐ Exhibit A: Copy of the Child Support Order
☐ Exhibit B: Certified Arrearage Affidavit
☐ Exhibit C: Payment History Records
☐ Exhibit D: Evidence of Obligor's Employment/Income
☐ Exhibit E: Evidence of Obligor's Assets
☐ Exhibit F: Demand Letters/Prior Communications
☐ Exhibit G: Documentation of Expenses Incurred
☐ Exhibit H: Prior Enforcement Orders
☐ Exhibit I: [________________________________]

Jurisdiction-Specific Notes

Federal Law: The Child Support Enforcement Act (42 U.S.C. Section 651 et seq.) and the Full Faith and Credit for Child Support Orders Act govern interstate enforcement.

California: See California Family Code Sections 290, 4120, 5230-5271 for child support enforcement and contempt.

Texas: See Texas Family Code Chapter 157 for enforcement of child support through contempt.

Florida: See Florida Statutes Section 61.14 and Florida Family Law Rule 12.615 for child support contempt proceedings.

New York: See New York Family Court Act Article 4 and Section 454 for child support enforcement.

Sources and References

• Contempt Proceedings for Child Support - Justia
• Motion to Enforce vs Motion for Contempt
• Florida Form 12.960 Instructions