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

PETITION FOR CIVIL CONTEMPT AND ENFORCEMENT

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

(Arizona — ARFLP Rule 92; Rule 91/91.5; A.R.S. § 25-502)

I. INTRODUCTION

1.1 This is a post-decree filing asking the Court to hold the [Petitioner/Respondent] (the "Non-Complying Party") in civil contempt under ARFLP Rule 92 and to enforce one or more existing orders concerning legal decision-making, parenting time, and/or support. Movant asks the Court to set the matter for hearing and, after hearing, to enter the relief in Section IX.

1.2 This Court entered the underlying order(s) and retains jurisdiction to enforce them. A.R.S. § 25-502 (superior court has original jurisdiction to establish, enforce, or modify support; all such proceedings are civil except as provided in § 25-511).

II. PARTIES AND CHILDREN

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

2.2 ☐ Support is enforced through the Division of Child Support Services (DCSS), ATLAS/Case No. [____________]. ☐ Support is not enforced through DCSS.

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 / Legal Separation
☐ Legal Decision-Making / Parenting-Time Order
☐ Child Support Order
☐ Spousal Maintenance Order
☐ Post-Decree 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., 'Father shall pay child support of $[____] per month through the Support Payment Clearinghouse beginning [DATE].' / 'The parties shall follow the parenting-time schedule under which the children are with Mother on [schedule].']"

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

☐ Present in court when the Order was entered on [__/__/____].
☐ Signed the agreement 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 Non-Complying Party failed to comply with the Order as follows.

4.1 ☐ Legal Decision-Making / Parenting-Time Interference

☐ On [__/__/____], in violation of the parenting-time provisions, the Non-Complying 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 Maintenance Arrears

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

4.4 ☐ Failure to Pay Other Court-Ordered Obligations

☐ Uninsured/unreimbursed medical, dental, or vision 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 Non-Complying Party had the ability to comply at the time of each violation, and the failure was not the result of inability. The factual basis includes:

[____________________________________________________________]

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

VI. LEGAL STANDARD

6.1 Civil contempt — ARFLP Rule 92. Rule 92 governs civil contempt and sanctions for non-compliance with a family court order. Civil contempt is coercive: its purpose is to obtain the contemnor's compliance with the order. Under Rule 92(e), the alleged contemnor may show that the failure to comply was not willful; after hearing, the court must enter a written order granting or denying contempt.

6.2 Sanctions and mandatory purge — Rule 92(e)–(f). If the court finds civil contempt, any sanctions it imposes to obtain compliance — including incarceration, seizure of property, attorney fees, costs, compensatory or coercive fines, make-up parenting time, parent-education classes, employment services, or other coercive relief — must include a purge provision under Rule 92(f) by which the contemnor may obtain release/relief by complying. The contemnor must have the present ability to satisfy the purge.

6.3 Review hearings — Rule 92(g). If the court incarcerates a civil contemnor, it must hold a review hearing at least every 35 days while the contemnor is incarcerated to determine whether the contemnor can comply with the purge condition and, if not, to review the contemnor's present ability to comply.

6.4 Movant's burden — elements. Movant must show (a) a lawful, clear, and specific order; (b) the Non-Complying Party's knowledge of it; (c) the ability to comply at the time of the violation; and (d) a failure 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 (e.g., an Affidavit of Financial Information); (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 Criminal nonsupport distinguished. Knowing failure to furnish reasonable support is a separate class 6 felony under A.R.S. § 25-511, prosecuted by the State; it is not adjudicated through this civil contempt petition.

VII. PROPOSED PURGE CONDITION

7.1 If the Court finds civil contempt and imposes a coercive sanction, Movant proposes the following purge condition(s) under Rule 92(f), which the Non-Complying Party has the present ability to satisfy:

☐ Monetary purge: Payment of $[________________] (all / a portion within the Non-Complying Party's present ability to pay) to the Support Payment Clearinghouse / Clerk of Court.
☐ Non-monetary purge: [Specific act — e.g., delivery of the child for makeup parenting time; transfer of titled property] 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

TO THE NON-COMPLYING 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 Honorable [____] in Division [____] of the Superior Court of [COUNTY] County, Arizona.

WARNING (Rule 92): "Failure to appear at the hearing may result in the court issuing a child support or civil warrant for your arrest. If you are arrested, you may be held in jail for up to 24 hours before you see a judge." A finding of contempt may result in a money judgment for arrears, income withholding, make-up parenting time, attorney fees and costs, coercive fines, and/or incarceration subject to a purge condition. You have the right to be represented by an attorney. If incarceration is a possible sanction for nonpayment of support, ability to pay is the critical question, and you should be prepared to present complete financial information (Turner v. Rogers, 564 U.S. 431 (2011)).

IX. RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that this Court:

A. Set this matter for hearing and, after hearing under ARFLP Rule 92 (and Rule 91/91.5 as applicable), enter a written order on contempt and enforcement;

B. Find the Non-Complying Party in civil contempt as to each violation in Section IV;

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

D. Order income withholding under A.R.S. § 25-504 and § 46-441 et seq. (and 42 U.S.C. § 666), payable through the Support Payment Clearinghouse, for ongoing support and liquidation of the arrearage;

E. Award make-up / compensatory parenting time as follows: [____________];

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

G. Impose coercive sanctions (including incarceration if appropriate) with a purge provision under Rule 92(f) as set out in Section VII, and set Rule 92(g) review hearings if the Non-Complying Party is incarcerated;

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

I. Refer for license suspension 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 ARIZONA )
COUNTY OF [____________] )

I, [MOVANT NAME], declare under penalty of perjury that I am the [Petitioner/Respondent]; that I have read the foregoing Petition/Motion; and that the facts stated are true and correct to the best of my knowledge, information, and belief.

_________________________________
[MOVANT NAME]

Subscribed and sworn to (or affirmed) before me this ___ day of __________, 20___.

_________________________________
Notary Public / Clerk
My Commission Expires: ___________

XI. SIGNATURE

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[MOVANT NAME], Self-Represented
OR
_________________________________
[ATTORNEY NAME], State Bar of Arizona No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for [Petitioner/Respondent]

XII. [PROPOSED] ORDER ON CIVIL CONTEMPT (Rule 92)

THIS MATTER came before the Court on Movant's Petition/Motion for Civil Contempt and Enforcement. After hearing testimony and evidence, the Court enters the following written order (Rule 92(e)):

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

2. ☐ The Non-Complying Party had the ability to comply at the time of each violation and the failure was not shown to be non-willful. ☐ The Non-Complying Party showed the failure was not willful / lacked the ability to comply.

3. The Non-Complying Party is ☐ in civil contempt ☐ not in contempt as to: [____________].

4. Judgment is entered for arrears of $[________] (child support) and $[________] (spousal maintenance), plus interest.

5. Income withholding shall issue for ongoing support plus $[________]/month toward the arrearage, payable through the Support Payment Clearinghouse.

6. The Non-Complying Party shall provide make-up parenting time as follows: [____________].

7. Sanctions and purge (Rule 92(f)). ☐ The Non-Complying Party shall [incarceration of [__] days / coercive fine of $[________]], which sanction shall be purged upon [payment of $[________] / compliance with: [____________]]. The Court finds the Non-Complying Party has the present ability to satisfy this purge. ☐ If incarcerated, the Court will hold review hearings at least every 35 days (Rule 92(g)).

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

DONE IN OPEN COURT this ___ day of __________, 20___.

_________________________________
JUDGE / COMMISSIONER OF THE SUPERIOR COURT

XIII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition/Motion (with exhibits and proposed order) was served on the Non-Complying Party / counsel by ☐ personal service (process server / sheriff) ☐ certified mail, return receipt requested ☐ AZTurboCourt e-service ☐ other [____________], at the address listed above. ☐ A copy was also served on DCSS.

_________________________________
[MOVANT / ATTORNEY SIGNATURE]

EXHIBITS

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

SOURCES & REFERENCES

• Ariz. R. Fam. Law P. 92 — Civil Contempt and Sanctions for Non-Compliance with a Court Order (amended eff. Jan. 1, 2026): Rule 92(e) (willfulness defense; written order); Rule 92(f) (mandatory purge provision); Rule 92(g) (review hearings at least every 35 days for an incarcerated contemnor); 24-hour arrest-warning language.
• Ariz. R. Fam. Law P. 91 / 91.5 — Post-decree petitions; enforcement of legal decision-making, parenting time, and support; Rule 91.5 hearing within 25 days under A.R.S. § 25-414.
• A.R.S. § 25-502 — Superior court original jurisdiction and venue to establish, enforce, or modify support; "all such proceedings are civil actions except as provided in § 25-511."
• A.R.S. § 25-511 — Failure of parent to provide for child; class 6 felony (criminal nonsupport; affirmative defenses; ability-to-pay inquiry).
• A.R.S. § 25-504; § 46-441 et seq. — Income withholding orders for support.
• Turner v. Rogers, 564 U.S. 431 (2011) — Ability to pay is the critical question; due-process safeguards before incarceration for nonpayment of support.

This Petition/Motion is a preparation aid only. Arizona family contempt is civil and coercive under ARFLP Rule 92 and requires a purge condition the contemnor can presently satisfy; criminal nonsupport under A.R.S. § 25-511 is a separate matter prosecuted by the State. Consult a licensed Arizona attorney before filing.