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

MOTION FOR CONTEMPT AND ENFORCEMENT

(Custody/Visitation and/or Child & Spousal Support)

(Arkansas — Ark. Code Ann. § 16-10-108; Admin. Order No. 10; Ark. Code Ann. § 9-14-218)

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/visitation and/or support. Movant requests that the Court issue an Order to Show Cause (citation for contempt) directing the Opposing Party to appear and show cause why the Opposing Party should not be held in contempt and ordered to comply, together with the enforcement relief in Section IX.

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

II. PARTIES AND CHILDREN

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

2.2 ☐ Support is enforced through the Office of Child Support Enforcement (OCSE), Case No. [____________]. ☐ Support is not enforced through OCSE.

III. THE ORDER(S) AT ISSUE

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

☐ Decree of Divorce
☐ Custody / Visitation Order
☐ Child Support Order (Admin. Order No. 10)
☐ 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/semimonthly] through OCSE/the Clerk beginning [DATE].' / 'The non-custodial parent shall have standard visitation every other weekend from Friday at 6:00 p.m. to Sunday at 6:00 p.m.']"

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 that the Opposing Party willfully disobeyed the Order as follows. Each item is alleged as a separate ground for contempt and enforcement.

4.1 ☐ Custody / Visitation Interference

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

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

☐ Pattern: [__] denied visitation 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 or dental expenses: $[________] (Exhibit C).
☐ Health-insurance 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 disobedience was willful. The factual basis includes:

[____________________________________________________________]

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

VI. LEGAL STANDARD

6.1 Contempt power — Ark. Code Ann. § 16-10-108. Every court of record has power to punish, as for criminal contempt, the willful disobedience of any process or order lawfully issued or made by it. § 16-10-108(a)(3). Punishment for contempt is a Class C misdemeanor (§ 16-10-108(b)(1)); a person committed for nonpayment of a fine is discharged after thirty (30) days (§ 16-10-108(b)(3)).

6.2 Civil contempt power preserved — § 16-10-108(d)(2). Nothing in § 16-10-108 limits "proceedings against parties or officers, as for contempt, for the purpose of enforcing any civil right or remedy." The Court therefore retains its inherent civil (coercive) contempt power to compel compliance with support and custody orders.

6.3 Civil vs. criminal contempt. Civil contempt is coercive and compensatory — to force compliance and compensate Movant; the contemnor "carries the keys of the prison" and may purge by compliance. Criminal contempt is punitive — a fixed, determinate 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 prove (a) a lawful, clear, and definite order; (b) the Opposing Party's 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 (e.g., the Affidavit of Financial Means used under Admin. Order No. 10); (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).

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 — Class C misdemeanor; 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 OCSE / the Clerk of Court.
☐ Non-monetary purge: [Specific act — e.g., delivery of the child for makeup visitation; transfer of titled property] within [__] days.
☐ Separate non-incarceration compliance term: Compliance with the [visitation / 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 Circuit Court of [COUNTY] County, Arkansas, Domestic Relations Division, on Movant's Motion for Contempt and Enforcement.

WARNING: A finding of contempt may result in a money judgment for arrears, income withholding, makeup visitation, a fine (Class C misdemeanor), attorney's fees and costs, suspension of driver's or professional licenses, 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 body-attachment warrant for your arrest.

IX. RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that this Court:

A. Issue an Order to Show Cause / citation for contempt 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;

C. Enter a money judgment for $[________________] in child-support arrears and $[________________] in spousal-support arrears, plus interest, and reduce all arrears to a judgment (with the § 9-14-218(d) notice that the amount is subject to reduction through income withholding);

D. Order income withholding under Ark. Code Ann. § 9-14-218 (and 42 U.S.C. § 666), payable through OCSE/the Clerk, for ongoing support plus an additional amount of not less than 20% of the periodic payment applied toward the arrearage;

E. Award makeup / compensatory visitation 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 impose a fixed sanction/fine (criminal contempt proven beyond a reasonable doubt);

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

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

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

X. VERIFICATION

STATE OF ARKANSAS )
COUNTY OF [____________] )

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

XI. SIGNATURE

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[MOVANT NAME], Pro Se
OR
_________________________________
[ATTORNEY NAME], Ark. Bar No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Movant

XII. [PROPOSED] ORDER

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

1. The Order dated [__/__/____] is a lawful, clear, and definite order of this Court; the Opposing Party had 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 disobeyed the Order. ☐ The Opposing Party did not willfully disobey / 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 $[________] (alimony), plus interest; the judgment amount is subject to reduction through income withholding (§ 9-14-218(d)).

5. Income withholding shall issue under § 9-14-218 for ongoing support plus an amount of not less than 20% of the periodic payment toward the arrearage, payable through OCSE/the Clerk.

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

7. ☐ The Opposing Party is committed to the [COUNTY] County jail for [__] days, purgeable upon [payment of $[________] / compliance with: [____________]]. The Court finds present ability to satisfy this purge. ☐ A fine of $[________] is imposed as for criminal contempt.

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

IT IS SO ORDERED this ___ day of __________, 20___.

_________________________________
CIRCUIT 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 on the Opposing Party / counsel by ☐ personal service (sheriff / process server) ☐ certified mail, return receipt requested ☐ e-service via eFlex ☐ other [____________], at the address listed above. ☐ A copy was also served on OCSE.

_________________________________
[MOVANT / ATTORNEY SIGNATURE]

EXHIBITS

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

SOURCES & REFERENCES

• Ark. Code Ann. § 16-10-108 — Contempt: § 16-10-108(a)(3) (willful disobedience of a lawful order/process punishable as for criminal contempt); § 16-10-108(b)(1) (Class C misdemeanor); § 16-10-108(b)(3) (discharge after 30 days for nonpayment of fine); § 16-10-108(d)(2) (preserves contempt proceedings to enforce a civil right or remedy — i.e., civil/coercive contempt).
• Ark. Sup. Ct. Administrative Order No. 10 — Arkansas Child Support Guidelines (rebuttable presumption; Affidavit of Financial Means; support orders shall include immediate income withholding).
• Ark. Code Ann. § 9-14-218 — Income withholding for child support (all support orders include a withholding provision; not less than 20% of the periodic payment applied to arrearage; up to 50% of a net lump-sum payment; all judgments for past-due support note the amount is subject to reduction through withholding, § 9-14-218(d)).
• Ark. Code Ann. § 9-12-312 — Support and enforcement (child support and alimony).
• 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. Arkansas family enforcement is heard in the Circuit Court (Domestic Relations Division); the court's civil contempt power to enforce support and custody orders is preserved by Ark. Code Ann. § 16-10-108(d)(2). Consult a licensed Arkansas attorney before filing.