Motion for Contempt / Enforcement (Custody & Support) - Alaska

MOTION FOR FINDING OF CONTEMPT AND FOR ENFORCEMENT

(Custody/Parenting Time and/or Child & Spousal Support)

(Alaska — Alaska R. Civ. P. 90; AS 09.50.010–.020; AS 25.27)

I. INTRODUCTION

1.1 This is a post-judgment motion asking the Court to hold the Opposing Party in contempt of, and to enforce, one or more existing orders of this Court concerning custody/parenting time and/or support. Movant requests an Order to Show Cause directing the Opposing Party to appear and show cause why the Opposing Party should not be held in contempt under AS 09.50.010 and Alaska R. Civ. P. 90, and asks for the enforcement relief in Section IX.

1.2 This Court entered the underlying order(s) and retains continuing jurisdiction to enforce them.

II. PARTIES AND CHILDREN

2.1 The minor child(ren) subject to the underlying order(s):

2.2 ☐ The child support obligation is being enforced by the Child Support Services Division (CSSD), Case No. [____________]. ☐ It is not being enforced by CSSD.

III. THE ORDER(S) AT ISSUE

3.1 On [__/__/____], this Court entered the following order (the "Order"), a true and correct copy of which is attached as Exhibit A:

☐ Decree of Dissolution / Divorce
☐ Custody / Parenting-Time / Shared-Custody Order
☐ Child Support Order (Civil Rule 90.3)
☐ Spousal Support (Alimony) Order
☐ Modification Order dated [__/__/____]
☐ Other: [____________]

3.2 The Order is clear, specific, and unequivocal. The operative provision(s) state:

"[QUOTE THE EXACT ORDERED LANGUAGE — e.g., 'Defendant shall pay child support of $[____] per month under Civil Rule 90.3, payable through CSSD beginning [DATE].' / 'The parties shall follow the parenting schedule in which the children are with Plaintiff on [schedule].']"

3.3 Opposing Party's knowledge of the Order. The Opposing Party had actual knowledge because (check all that apply):

☐ Present in court when the Order was entered on [__/__/____].
☐ Signed the agreement/stipulation that became the Order.
☐ Served with the Order on [__/__/____].
☐ Represented by counsel of record, [____________], when the Order was entered.
☐ Previously acted consistently with knowledge of the Order.

3.4 The Order has not been stayed, modified, vacated, or set aside, and remains in effect.

IV. SPECIFIC VIOLATIONS

Movant alleges the Opposing Party willfully violated the Order as follows. Each item is alleged as a separate violation under AS 09.50.020 ("each violation").

4.1 ☐ Custody / Parenting-Time Interference

☐ On [__/__/____], in violation of the parenting provisions, the Opposing Party failed and refused to make the child(ren) available for Movant's parenting time from [TIME] to [TIME] at [LOCATION]. Specifically: [____________].

☐ On [__/__/____], [describe additional occurrence]: [____________]

☐ Pattern: [__] denied parenting periods between [__/__/____] and [__/__/____] (log at Exhibit F).

4.2 ☐ Child Support Arrears

Total child-support arrearage as of [__/__/____]: $[________________], plus interest.

4.3 ☐ Spousal Support / Alimony Arrears

Total alimony arrearage as of [__/__/____]: $[________________], plus interest.

4.4 ☐ Failure to Pay Other Court-Ordered Obligations

☐ Uninsured/unreimbursed medical expenses: $[________] (Exhibit C).
☐ Health-care coverage required by the Order: [____________]
☐ Property-division / equalization / debt obligation: [____________]
☐ Other: [____________]

V. WILLFULNESS AND ABILITY TO COMPLY

5.1 The Opposing Party had the ability to comply at the time of each violation, and the failure was willful. The factual basis includes:

[____________________________________________________________]

5.2 Good-faith efforts to obtain compliance before filing: [____________]

VI. LEGAL STANDARD

6.1 Acts constituting contempt — AS 09.50.010. The disobedience of a lawful judgment, order, or process of the court is a contempt of the authority of the court. AS 09.50.010(5).

6.2 Civil contempt (coercive). Civil contempt is remedial: its purpose is to coerce compliance with the Court's order and to compensate Movant. Under AS 09.50.020(a), a person who commits a civil contempt "is subject to damages, a civil penalty of $5,000 or less for each violation, and other orders as the court finds appropriate." A civil contemnor "carries the keys of the prison in his own pocket" and may purge the contempt by compliance.

6.3 Criminal contempt (punitive). Under AS 09.50.020(a), a person who commits a criminal contempt is guilty of a class A misdemeanor. Criminal contempt is punitive — a fixed sanction to vindicate the court's authority — and requires proof beyond a reasonable doubt with heightened due-process protections. Hicks v. Feiock, 485 U.S. 624 (1988).

6.4 Movant's burden — elements. Movant must show (a) a lawful, clear, and specific order; (b) the Opposing Party's actual knowledge of it; (c) the ability to comply at the time of the violation; and (d) a willful failure or refusal to comply.

6.5 Ability to pay — Turner v. Rogers. For any contempt seeking incarceration for nonpayment of support, ability to pay is the critical question. Due process requires (i) notice that ability to pay is the central issue; (ii) an opportunity to submit financial information through a financial-disclosure form; (iii) an opportunity to be heard on that issue; and (iv) express findings on ability to pay before incarceration. Turner v. Rogers, 564 U.S. 431 (2011).

6.6 License suspension for support contempt. Under AS 09.50.020(b), in addition to other penalties the Court may suspend, restrict, or revoke (up to six months) a driver's license, an occupational license (AS 25.27.244), or a recreational license where the court finds by a preponderance that the contempt related to failure to pay money in a child support action.

VII. CONTEMPT TYPE AND PURGE (IF CIVIL CONTEMPT)

7.1 Movant proceeds in (check):

☐ Civil contempt (coercive — with a purge condition below)
☐ Criminal contempt (punitive — fixed sanction; beyond-a-reasonable-doubt burden)
☐ Both (pleaded in the alternative)

7.2 If incarceration is ordered as a coercive sanction, Movant proposes the following purge condition(s) for immediate release:

☐ Monetary purge: Payment of $[________________] (all / a portion within the Opposing Party's present ability to pay) to CSSD / the Clerk of Court.
☐ Non-monetary purge: [Specific act] within [__] days.
☐ Separate non-incarceration compliance term: Compliance with the [parenting-time / disclosure] provisions for [__] consecutive [weeks/months]. This is not the jail-release condition.

For any commitment, state a discrete condition whose fulfillment results in release. Do not substitute a future compliance interval for the statutory jail-release condition.

VIII. NOTICE OF HEARING / ORDER TO SHOW CAUSE

TO THE OPPOSING PARTY, [NAME], AND TO YOUR ATTORNEY OF RECORD, IF ANY:

PLEASE TAKE NOTICE that this matter is set for hearing on [__/__/____] at [____] [a.m./p.m.] before the Superior Court at [CITY], Alaska, on Movant's Motion for Finding of Contempt and for Enforcement.

WARNING: A finding of contempt may result in a money judgment for arrears, a civil penalty of up to $5,000 per violation, income withholding, makeup parenting time, suspension of your driver's, occupational, or recreational license, attorney's fees and costs, and/or incarceration. You have the right to be represented by an attorney. If incarceration is a possible sanction for nonpayment of support and you cannot afford counsel, you may be entitled to procedural safeguards under Turner v. Rogers, 564 U.S. 431 (2011); ability to pay is the critical question, and you should be prepared to present complete financial information. FAILURE TO APPEAR may result in issuance of a warrant for your arrest.

IX. RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that this Court:

A. Issue an Order to Show Cause under Alaska R. Civ. P. 90 directing the Opposing Party to appear and show cause why the Opposing Party should not be held in contempt for each violation in Section IV;

B. Find the Opposing Party in contempt (civil and/or criminal as pleaded) as to each violation proven, and impose a civil penalty under AS 09.50.020(a) as appropriate;

C. Enter a money judgment for $[________________] in child-support arrears and $[________________] in spousal-support arrears, plus interest, and reduce all arrears to a judgment;

D. Order income withholding under AS 25.27.062 (and 42 U.S.C. § 666), payable through CSSD, for ongoing support and liquidation of the arrearage;

E. Award makeup / compensatory parenting time as follows: [____________];

F. Award Movant's attorney's fees and costs incurred in this proceeding;

G. Order coercive incarceration subject to the purge in Section VII (civil contempt), or a fixed sanction (criminal contempt proven beyond a reasonable doubt);

H. Suspend or restrict the Opposing Party's driver's, occupational, or recreational license under AS 09.50.020(b) for support nonpayment;

I. Make express findings on knowledge, ability to comply/ability to pay, and willfulness, consistent with Turner v. Rogers; and

J. Grant such other and further relief as the Court deems just.

X. VERIFICATION

STATE OF ALASKA )
[____] JUDICIAL DISTRICT )

I, [MOVANT NAME], being duly sworn, state that I am the Movant; that I have read the foregoing Motion; and that the facts stated are true and correct to the best of my knowledge, information, and belief.

_________________________________
[MOVANT NAME], Movant

Subscribed and sworn to before me this ___ day of __________, 20___.

_________________________________
Notary Public / Court Clerk
My Commission Expires: ___________

XI. SIGNATURE

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[MOVANT NAME], Self-Represented
OR
_________________________________
[ATTORNEY NAME], Alaska Bar No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Movant

XII. [PROPOSED] ORDER

THIS MATTER came before the Court on Movant's Motion for Finding of Contempt and for Enforcement. The Court FINDS and ORDERS:

1. The Order dated [__/__/____] is a lawful order of this Court; the Opposing Party had actual knowledge of it; and it remains in effect.

2. ☐ The Opposing Party had the ability to comply at the time of each violation and willfully failed to comply. ☐ The Opposing Party did not willfully fail to comply / lacked the ability to comply.

3. The Opposing Party is ☐ in civil contempt ☐ in criminal contempt ☐ not in contempt as to: [____________].

4. Judgment is entered for arrears of $[________] (child support) and $[________] (spousal support), plus interest. A civil penalty of $[________] is imposed under AS 09.50.020(a).

5. Income withholding shall issue under AS 25.27.062, payable through CSSD, for ongoing support plus $[________]/month toward the arrearage.

6. The Opposing Party shall provide makeup parenting time as follows: [____________].

7. ☐ The Opposing Party is committed to jail for [__] days, purgeable upon [payment of $[________] / compliance with: [____________]]. The Court finds present ability to satisfy this purge.

8. ☐ The Opposing Party's [driver's / occupational / recreational] license is suspended for [__] months under AS 09.50.020(b).

9. Movant is awarded attorney's fees and costs of $[________].

DATED this ___ day of __________, 20___.

_________________________________
SUPERIOR COURT JUDGE

XIII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Motion (with exhibits and proposed order) was served upon the Opposing Party / counsel by ☐ personal service ☐ certified mail, return receipt requested ☐ service through the court's electronic filing system ☐ other [____________], at the address listed above. ☐ A copy was also served on CSSD.

_________________________________
[MOVANT / ATTORNEY SIGNATURE]

EXHIBITS

• Exhibit A — Copy of the underlying Order dated [__/__/____]
• Exhibit B — Proof of the Opposing Party's knowledge of the Order
• Exhibit C — Payment ledger / CSSD arrears statement; unreimbursed-expense documentation
• Exhibit D — Evidence of ability to pay/comply (paystubs, PFD, bank records)
• Exhibit E — Communications between the parties regarding the violations
• Exhibit F — Parenting-time log / exchange calendar

SOURCES & REFERENCES

• AS 09.50.010 — Acts or omissions constituting contempt; (5) disobedience of a lawful judgment, order, or process of the court.
• AS 09.50.020 — Penalties: (a) criminal contempt is a class A misdemeanor; civil contempt is subject to damages, a civil penalty of $5,000 or less per violation, and other orders; (b) license suspension/revocation (driver's, AS 25.27.244 occupational, recreational) up to six months for child-support-related contempt.
• Alaska R. Civ. P. 90 — Contempt procedure (order to show cause).
• Alaska R. Civ. P. 90.3 — Child support guidelines (percentage of adjusted income; extended-visitation reductions).
• AS 25.27 — Child support enforcement (CSSD); AS 25.27.062 — income withholding orders (immediate withholding requirement).
• Turner v. Rogers, 564 U.S. 431 (2011) — Ability to pay is the critical question; due-process safeguards before incarceration for nonpayment of support.
• Hicks v. Feiock, 485 U.S. 624 (1988) — Civil/criminal contempt distinction.

This Motion is a preparation aid only. Alaska family enforcement is heard in the Superior Court; support is enforced through CSSD under AS 25.27, and contempt procedure follows Alaska R. Civ. P. 90. Consult a licensed Alaska attorney before filing.