Motion for Contempt / Enforcement — Custody & Support (Colorado)

VERIFIED MOTION AND CITATION TO SHOW CAUSE FOR CONTEMPT — CUSTODY AND SUPPORT ENFORCEMENT

District Court, State of Colorado

I. COURT CAPTION AND CASE INFORMATION

DISTRICT COURT, COUNTY OF [________________________________], COLORADO
Court Address: [________________________________]

Case Number: [________________________________] (same number as the underlying order)
Division: [____] Courtroom: [____]

VERIFIED MOTION FOR CONTEMPT CITATION AND CITATION TO SHOW CAUSE (C.R.C.P. 107; C.R.S. §§ 14-10-122, 14-10-129.5)

The Moving Party seeks (check all that apply):

☐ Remedial sanctions (coercive; to compel compliance; with a purge) — C.R.C.P. 107(a)(4), (d)(2)
☐ Punitive sanctions (to punish past contempt and vindicate the court's authority; proof beyond a reasonable doubt) — C.R.C.P. 107(a)(5), (d)(1)
☐ Relief under C.R.S. § 14-10-129.5 (parenting-time disputes; make-up time; mandatory fees)

II. NOTICE TO THE PARTY IN CONTEMPT (PUNITIVE SANCTIONS — ADVISEMENT)

TO [________________________________]:

A motion has been filed asking the Court to hold you in contempt. IF PUNITIVE SANCTIONS ARE SOUGHT, you are advised that:

• You have the right to be represented by an attorney, and if the Court determines you are indigent and a jail sentence is possible, an attorney may be appointed to represent you at no cost.
• You have the right to remain silent; you may not be compelled to testify against yourself.
• The Moving Party must prove the contempt — that you knew of the order, had the ability to comply, and willfully refused — beyond a reasonable doubt (C.R.C.P. 107(d)(1)).
• You have the right to present witnesses and evidence and to cross-examine the Moving Party's witnesses.

FOR REMEDIAL SANCTIONS, the Court may order you confined or fined until you comply ("purge") and must find you have the present ability to comply with the purge order.

IF YOU FAIL TO APPEAR as directed in the Citation, the Court may issue a warrant for your arrest.

III. JURISDICTION, VENUE, AND PARTIES

1. This Court has continuing jurisdiction over the parties and subject matter because it entered the underlying order(s). (C.R.S. § 14-10-122; UCCJEA, C.R.S. §§ 14-13-101 et seq.; UIFSA, C.R.S. §§ 14-5-101 et seq.)

2. Venue is proper in [________________________________] County.

3. Moving Party is [________________________________], residing at [________________________________].

4. Party in Contempt is [________________________________], whose last known residence is [________________________________].

5. The minor child(ren) subject to the order(s):

IV. THE ORDER(S) AT ISSUE

1. On [__/__/____], this Court entered a [☐ Decree of Dissolution ☐ Parenting Plan / Allocation of Parental Responsibilities Order ☐ Child Support Order ☐ Maintenance (Spousal Support) Order ☐ Stipulated Order ☐ Other: __________] (the "Order"). A true and correct copy is attached as Exhibit A.

2. The Order is clear and specific as to the obligation(s) alleged to have been violated. The operative provisions are quoted verbatim:

"[QUOTE THE EXACT ORDERED LANGUAGE — e.g., 'Father shall pay child support of $______ per month, due on the 1st of each month, by income assignment.' / 'Parenting time shall be exercised as follows: ______.']"

3. Knowledge of the Order. The Party in Contempt has actual knowledge because (check all that apply):

☐ Present in court when the Order was entered on [__/__/____].
☐ Signed the stipulation that became the Order.
☐ Served with the Order on [__/__/____].
☐ Represented by counsel, [________________________________], when the Order was entered.

4. The Order has not been stayed, modified, or vacated and remains in effect.

V. SPECIFIC VIOLATIONS

The Party in Contempt, with knowledge of the Order and the ability to comply, has failed to comply as set forth below. Each numbered item is a separate violation.

A. ☐ Failure to Pay Child Support

Total child-support arrearage as of [__/__/____]: $[____________________] (plus statutory interest, C.R.S. § 14-14-106)

B. ☐ Failure to Pay Maintenance (Spousal Support)

Total maintenance arrearage as of [__/__/____]: $[____________________]

C. ☐ Denial of / Noncompliance with Parenting Time (consider C.R.S. § 14-10-129.5)

• Item [__]: On [__/__/____], in violation of paragraph [__] of the Order, the Party in Contempt failed and refused to provide court-ordered parenting time scheduled from [TIME] to [TIME] at [LOCATION]. [Describe: withheld the child / failed to appear for exchange / did not return the child].
• Item [__]: On [__/__/____], [describe the second occurrence].
• Item [__]: On [__/__/____], [describe the third occurrence].

D. ☐ Other Violation

• Item [__]: [Describe the act, date, and the specific provision violated — e.g., failure to refinance/sell property, transfer an account, maintain insurance, reimburse uninsured medical expenses.]

VI. LEGAL STANDARD

A. Contempt Generally (C.R.C.P. 107(a)(1))

"Contempt" includes "disobedience or resistance by any person to or interference with any lawful writ, process, or order of the court." This is an indirect contempt because it occurred outside the court's presence and is commenced by this verified motion and supporting affidavit (C.R.C.P. 107(c)).

B. Remedial (Coercive) vs. Punitive Contempt — The Critical Distinction

(People v. Razatos, 699 P.2d 970 (Colo. 1985); In re Marriage of Lamutt, 802 P.2d 1180 (Colo. App. 1990).) A remedial confinement order is invalid without an express finding of present ability to comply with the purge condition.

C. Ability to Comply / Ability to Pay — Turner v. Rogers

For monetary obligations, the Court must address ability to pay. Consistent with Turner v. Rogers, 564 U.S. 431 (2011), where incarceration is possible the Court should ensure: (a) notice that ability to comply/pay is the critical issue; (b) an opportunity for the Party in Contempt to submit financial information (Sworn Financial Statement, JDF 1111); (c) a meaningful opportunity to be heard; and (d) express findings on knowledge, ability, and (for punitive sanctions) willfulness before any jail sanction. For remedial contempt, a present-ability finding is mandatory before confinement.

VII. RELIEF REQUESTED

WHEREFORE, the Moving Party respectfully requests that the Court:

1. Issue a Citation (order to show cause) directing the Party in Contempt to appear at a date and time set by the Court to show cause why the Party in Contempt should not be held in contempt, and (for punitive sanctions) advising the Party in Contempt of the rights set out in Section II;

2. Find the Party in Contempt in ☐ remedial ☐ punitive contempt as to each violation proven;

3. Enter judgment for the total arrearage of $[____________________] in unpaid [☐ child support ☐ maintenance], plus statutory interest (C.R.S. §§ 14-14-106, 5-12-101);

4. Order income assignment / wage withholding under C.R.S. §§ 14-14-104 to 14-14-111.5 for ongoing support and the arrearage;

5. Order make-up parenting time under C.R.S. § 14-10-129.5(2)(d) of the same type and duration that was denied, to occur within six months (or within one year for holidays), as follows: [describe schedule];

6. Impose a civil fine of up to $100 per incident of denied parenting time under C.R.S. § 14-10-129.5(2)(e.5);

7. Award attorney fees and costs — mandatory for parenting-time denial under C.R.S. § 14-10-129.5(4), and available in the Court's discretion for contempt under C.R.C.P. 107(d)(2) — in the amount of $[____________], or as proven;

8. For remedial sanctions: order confinement and/or a fine until the Party in Contempt purges the contempt by complying with the purge conditions in the Proposed Order, the Court having found a present ability to comply;

9. For punitive sanctions: impose a fixed sanction of up to [____] days' jail and/or a fine per C.R.C.P. 107(d)(1), upon proof beyond a reasonable doubt;

10. Refer the matter for license suspension for support delinquency under C.R.S. § 13-54.5-110 / § 26-13-126, where applicable;

11. Grant such other relief as the Court deems just, including any order promoting the best interests of the child (C.R.S. § 14-10-129.5(2)(h)).

VIII. VERIFICATION / AFFIDAVIT OF MOVING PARTY

I, [________________________________], being duly sworn, state:

1. I am the Moving Party. I have personal knowledge of the facts in this Motion and could competently testify to them.

2. The Order in Section IV is a true and correct order of this Court, in full force and effect.

3. The Party in Contempt has actual knowledge of the Order as stated in Section IV.3.

4. The violations in Section V occurred as alleged. Supporting documents are attached: [☐ FSR / payment record ☐ bank records ☐ communications ☐ parenting-time log].

5. To the best of my knowledge, the Party in Contempt had the ability to comply at the time of each violation, based on: [describe — employment, income, assets, expenditures, partial compliance].

6. The good-faith efforts I made to obtain compliance before filing were: [describe].

I declare under penalty of perjury under the laws of the State of Colorado that the foregoing is true and correct.

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

_________________________________
[________________________________], Moving Party

Subscribed and sworn before me on [__/__/____].
_________________________________ Notary Public My commission expires: [__/__/____]

_________________________________
[________________________________], Attorney for Moving Party
Atty. Reg. No. [____________]
[Firm Name / Address / Telephone / Email]

IX. CITATION TO SHOW CAUSE (Issued by the Court — C.R.C.P. 107(c))

TO [________________________________]: YOU ARE ORDERED to appear before this Court on [__/__/____] at [____] ☐ a.m. ☐ p.m. in Division/Courtroom [____] to show cause why you should not be held in contempt of court for the violations set forth in the verified motion served with this Citation. [Where punitive sanctions are sought, the advisement in Section II applies.] FAILURE TO APPEAR may result in a warrant for your arrest.

Date: [__/__/____] _________________________________ Judge / Magistrate

X. [PROPOSED] ORDER ON CONTEMPT (with Purge)

After hearing, the Court FINDS and ORDERS:

1. The Party in Contempt had knowledge of the Order and ☐ (remedial) has the present ability to comply ☐ (punitive) had the ability to comply and willfully refused, and the conduct was offensive to the Court's authority, proven beyond a reasonable doubt, as to Items [____________].

2. The Party in Contempt is in contempt as found above.

3. Judgment is entered for $[____________________] in arrears, plus statutory interest.

4. Income assignment shall issue under C.R.S. §§ 14-14-104 et seq.

5. Make-up parenting time is ordered: [________________________________].

6. Civil fine of $[________] per incident of denied parenting time is imposed (C.R.S. § 14-10-129.5(2)(e.5)).

7. The Party in Contempt shall pay the Moving Party's attorney fees and costs of $[____________].

8. Sanction.
   ☐ Remedial: Confinement / fine of [____] until the contempt is purged by: ☐ paying $[____________] of the arrearage by [__/__/____] (found within the present ability of the Party in Contempt); ☐ complying with the [parenting-time/support] provisions for [____] consecutive [weeks/months]; ☐ [other: ______]. The Party in Contempt may end the sanction at any time by complying.
   ☐ Punitive: [____] days in the [________________] County Jail and/or a fine of $[____________], as a fixed sanction.

9. ☐ The matter is referred for license suspension under C.R.S. § 13-54.5-110.

Date: [__/__/____] _________________________________ Judge / Magistrate

XI. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true copy of the foregoing Verified Motion for Contempt Citation, the Citation to Show Cause, and all exhibits was served on the Party in Contempt as follows:

☐ Personal service by [process server / sheriff] on [__/__/____] at [LOCATION] (required for indirect contempt where confinement is possible — C.R.C.P. 107(c));
☐ Service on counsel of record, [________________________________], by [method] (where permitted);
☐ Other: [________________________________].

_________________________________
[Printed Name and Signature]

XII. EXHIBITS

• Exhibit A: Copy of the underlying Order dated [__/__/____]
• Exhibit B: Proof establishing knowledge of the Order
• Exhibit C: Certified payment/arrearage record (Family Support Registry)
• Exhibit D: Evidence of ability to pay/comply
• Exhibit E: Communications regarding the violations
• Exhibit F: Parenting-time log / calendar
• Exhibit G: Sworn Financial Statement (JDF 1111) of Moving Party
• Exhibit H: Attorney-fee affidavit with billing records

SOURCES AND REFERENCES

• C.R.C.P. 107 (Remedial and Punitive Sanctions for Contempt) — https://www.coloradojudicial.gov
• C.R.S. § 14-10-122 (enforcement of support; income assignment; interest) — https://law.justia.com
• C.R.S. § 14-10-129.5 (disputes concerning parenting time; make-up time; mandatory fees) — https://codes.findlaw.com/co/title-14-domestic-matters/co-rev-st-sect-14-10-129-5/
• C.R.S. §§ 14-14-104 to 14-14-111.5 (support enforcement; income assignment); § 14-14-106 (interest)
• C.R.S. § 13-54.5-110 / § 26-13-126 (license suspension for support delinquency)
• Turner v. Rogers, 564 U.S. 431 (2011)
• People v. Razatos, 699 P.2d 970 (Colo. 1985); In re Marriage of Lamutt, 802 P.2d 1180 (Colo. App. 1990)
• Colorado Judicial Branch forms JDF 1418/1418I/1419 (parenting-time motions), JDF 1111 (Sworn Financial Statement)