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

MOTION FOR CONTEMPT AND ENFORCEMENT

(Petition for Rule Nisi — Custody/Parenting Time and/or Support)

(Alabama — Ala. R. Civ. P. 70A; Ala. Code §§ 30-3-5, 30-3-60 et seq.)

I. INTRODUCTION

1.1 This is a post-judgment proceeding to hold the Respondent in contempt of, and to enforce, one or more existing orders of this Court. Movant asks the Court to issue a Rule Nisi (Order to Show Cause) directing Respondent to appear and show cause why Respondent should not be adjudged in contempt for willful failure to comply with the order(s) described below, and to grant the enforcement relief requested in Section IX.

1.2 The order(s) at issue were entered by this Court. Under Ala. Code § 30-3-5, the original circuit court that rendered the final decree is one statutory venue for a proceeding seeking modification, interpretation, or enforcement; counsel must still confirm jurisdiction and whether the statute's alternative three-year residence venue applies.

II. PARTIES

2.1 The minor child(ren) who are the subject of the underlying order(s):

III. THE ORDER(S) AT ISSUE

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

☐ Final Judgment of Divorce
☐ Custody / Parenting-Time Order
☐ Child Support Order
☐ Spousal Support / Periodic Alimony Order
☐ Modification Order dated [__/__/____]
☐ Other: [____________]

3.2 The Order is clear, specific, and unequivocal as to the obligation alleged to have been violated. The operative provision(s) state:

"[QUOTE THE EXACT ORDERED LANGUAGE — e.g., 'The Defendant shall pay child support of $[____] per month, payable through the Alabama Central Payment Center on the 1st day of each month, beginning [DATE].' / 'The parties shall exchange the children for the noncustodial parent's parenting time every other weekend from Friday at 6:00 p.m. to Sunday at 6:00 p.m.']"

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

☐ Respondent was present in open court when the Order was pronounced on [__/__/____].
☐ Respondent signed a stipulation/agreement that became the Order.
☐ Respondent was personally served with the Order on [__/__/____].
☐ Respondent was represented by counsel of record, [____________], when the Order was entered.
☐ Respondent previously acted consistently with knowledge of the Order (e.g., partial payment, prior compliance).

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

IV. SPECIFIC VIOLATIONS

Movant alleges that Respondent has willfully violated the Order as follows. Each numbered item is alleged as a separate ground for contempt and enforcement.

4.1 ☐ Custody / Parenting-Time Interference

☐ On [__/__/____], in violation of paragraph [__] of the Order, Respondent failed and refused to deliver the child(ren) for Movant's court-ordered parenting time scheduled from [TIME] to [TIME] at [LOCATION]. Specifically, Respondent [describe: refused exchange / withheld the child / removed the child from the area / etc.].

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

☐ Pattern of denial: Respondent has denied [__] periods of court-ordered parenting time between [__/__/____] and [__/__/____]. A parenting-time log is attached as Exhibit F.

4.2 ☐ Child Support Arrears

Respondent has failed to pay child support as ordered. The arrears are itemized below:

Total child-support arrearage as of [__/__/____]: $[________________], plus interest accruing under Ala. Code § 30-3-6.1 / § 8-8-10.

4.3 ☐ Spousal Support / Periodic Alimony Arrears

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

4.4 ☐ Failure to Pay Other Court-Ordered Obligations

☐ Uninsured/unreimbursed medical or dental expenses: $[________] (documentation attached as Exhibit C).
☐ Health-insurance premiums / coverage required by the Order: [____________]
☐ Property-division, equalization, or debt obligation: [____________]
☐ Other: [____________]

V. WILLFULNESS AND ABILITY TO COMPLY

5.1 To the best of Movant's knowledge, information, and belief, Respondent had the ability to comply with the Order at the time of each violation, and the failure to comply was willful. The factual basis includes:

[____________________________________________________________]

5.2 Movant has made the following good-faith efforts to obtain compliance before filing: [____________]

VI. LEGAL STANDARD

6.1 Source of the contempt power. Contempt in Alabama civil actions is governed by Rule 70A, Ala. R. Civ. P.

6.2 Civil contempt (coercive). Rule 70A(a)(2)(D) defines civil contempt as "a willful, continuing failure or refusal of any person to comply with a court's lawful writ, subpoena, process, order, rule, or command that by its nature is still capable of being complied with." The purpose of civil contempt is coercive and compensatory — to compel future compliance and compensate Movant. A civil contemnor "carries the keys of the prison in his own pocket" and may obtain release at any time by purging the contempt through compliance.

6.3 Criminal contempt (punitive). Rule 70A(a)(2)(C) defines criminal contempt to include willful disobedience or resistance to a lawful order, judgment, or process of the court. The purpose of criminal contempt is punitive — to vindicate the court's authority through a fixed, determinate sanction with no purge. Criminal contempt requires proof of each element beyond a reasonable doubt and additional due-process protections. Hicks v. Feiock, 485 U.S. 624 (1988).

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

6.5 Ability to comply / ability to pay — Turner v. Rogers. For any contempt seeking incarceration for nonpayment of support, the United States Supreme Court has held that ability to pay is the critical question, and due process requires (i) notice that ability to pay is the central issue, (ii) an opportunity to present financial information through a financial-disclosure form, (iii) an opportunity to be heard on that issue, and (iv) express findings by the court on ability to pay before imposing incarceration. Turner v. Rogers, 564 U.S. 431 (2011). Inability to comply, where genuine and not self-created, is a complete defense to civil contempt.

VII. CONTEMPT TYPE AND PURGE (IF CIVIL CONTEMPT)

7.1 Movant proceeds in (check):

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

7.2 If the Court orders incarceration as a coercive (civil) sanction, Movant proposes the following purge condition(s), by which Respondent may obtain immediate release:

☐ Monetary purge: Payment of $[________________] (representing [all / a portion within Respondent's present ability to pay] of the arrearage) to the Alabama Central Payment Center / Clerk of Court.

☐ Non-monetary purge: [Specific act — e.g., delivery of the child for makeup parenting time; execution of a deed; transfer of titled property] within [__] days.

☐ Separate non-incarceration compliance term: Compliance with the Order's [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 / RULE NISI

TO RESPONDENT, [RESPONDENT NAME], AND TO RESPONDENT'S ATTORNEY OF RECORD, IF ANY:

PLEASE TAKE NOTICE that this matter is set for hearing on [__/__/____] at [____] [a.m./p.m.] in Courtroom/Division [____] of the Circuit Court of [COUNTY] County, Alabama, on Movant's Motion for Contempt and Enforcement.

WARNING: A finding of contempt may result in fines, an award of attorney's fees and costs, a money judgment for arrears, income withholding, makeup parenting time, suspension of driver's or professional licenses, and/or incarceration in the county jail. You have the right to be represented by an attorney at the hearing. 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 writ of arrest (capias).

IX. RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that this Court:

A. Issue a Rule Nisi / Order to Show Cause directing Respondent to appear and show cause why Respondent should not be held in contempt for each violation alleged in Section IV;

B. Adjudge Respondent in contempt (civil and/or criminal as pleaded) as to each violation proven;

C. Enter a money judgment in favor of Movant and against Respondent for $[________________] in accrued child support and $[________________] in accrued spousal support/alimony, plus interest under Ala. Code § 30-3-6.1 and § 8-8-10, and reduce all arrears to a judgment;

D. Order income withholding pursuant to Ala. Code §§ 30-3-60 to 30-3-71 (and 42 U.S.C. § 666) for ongoing support and liquidation of the arrearage, payable through the Alabama Central Payment Center;

E. Award makeup / compensatory parenting time to Movant as follows, to compensate for time wrongfully denied: [____________];

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

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

H. Make express findings on Respondent's knowledge of the Order, ability to comply/ability to pay, and willfulness, consistent with Turner v. Rogers;

I. Refer the matter for license suspension (driver's and/or professional/occupational) and other administrative enforcement remedies as authorized by law for support delinquency; and

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

X. VERIFICATION

STATE OF ALABAMA )
COUNTY OF [____________] )

I, [MOVANT NAME], being first duly sworn, state that I am the Movant in this action; that I have read the foregoing Motion for Contempt and Enforcement; and that the facts stated therein 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
My Commission Expires: ___________

XI. SIGNATURE

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[MOVANT NAME], Pro Se
OR
_________________________________
[ATTORNEY NAME], Ala. Bar No. (ASB-[____]-[____])
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Movant

XII. [PROPOSED] ORDER ON RULE NISI

THIS CAUSE came before the Court on Movant's Motion for Contempt and Enforcement. Upon consideration of the pleadings, evidence, and argument, the Court FINDS and ORDERS:

1. The Order dated [__/__/____] is a lawful order of this Court; Respondent had actual knowledge of it; and it remains in full force.

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

3. Respondent is ☐ in civil contempt ☐ in criminal contempt ☐ not in contempt as to the following: [____________].

4. Judgment is entered against Respondent for arrears of $[________] (child support) and $[________] (alimony), plus interest, reduced to a judgment enforceable as any civil judgment.

5. Income withholding shall issue under Ala. Code §§ 30-3-60 et seq. for ongoing support plus $[________]/month toward the arrearage.

6. Respondent shall provide makeup parenting time as follows: [____________].

7. ☐ Respondent is committed to the [COUNTY] County Jail for [__] days, which commitment shall be purged upon Respondent's [payment of $[________] / compliance with: [____________]]. The Court finds Respondent has the present ability to satisfy this purge.

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

9. Other: [____________].

DONE this ___ day of __________, 20___.

_________________________________
CIRCUIT JUDGE

XIII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Motion for Contempt and Enforcement (with exhibits and proposed order) was served upon Respondent / Respondent's counsel by ☐ personal service ☐ certified mail, return receipt requested ☐ e-service via AlaFile ☐ other [____________], at the address listed above.

_________________________________
[MOVANT / ATTORNEY SIGNATURE]

EXHIBITS

• Exhibit A — File-stamped copy of the underlying Order dated [__/__/____]
• Exhibit B — Proof establishing Respondent's knowledge of the Order
• Exhibit C — Payment ledger / arrearage calculation; unreimbursed-expense documentation
• Exhibit D — Evidence of Respondent's ability to pay/comply (paystubs, bank records)
• Exhibit E — Communications between the parties regarding the violations
• Exhibit F — Parenting-time log / exchange calendar

SOURCES & REFERENCES

• Ala. R. Civ. P. 70A — Contempt in civil actions; 70A(a)(2)(C) (criminal contempt), 70A(a)(2)(D) (civil contempt: "willful, continuing failure or refusal . . . still capable of being complied with"). See Fludd v. Gibbs, 817 So. 2d 711 (Ala. Civ. App. 2001); Stamm v. Stamm, 922 So. 2d 920 (Ala. Civ. App. 2004); Kreitzberg v. Kreitzberg, 131 So. 3d 612 (Ala. Civ. App. 2013).
• Ala. Code § 30-3-5 — Venue for modification, interpretation, or enforcement of custody, visitation, and support orders.
• Ala. Code §§ 30-3-60 to 30-3-71 — Withholding orders for child support (§ 30-3-61 order required; § 30-3-67 priority and maximum withholding).
• Ala. Code § 30-3-6 — Bond/security to secure overdue support or compliance with a visitation order.
• Ala. Code § 30-3-6.1; § 8-8-10 — Interest on delinquent support / judgments.
• 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. A contempt request in Alabama family cases is commonly styled a Petition for Rule Nisi and filed in the Circuit Court that entered the underlying decree. Consult a licensed Alabama family law attorney before filing.