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

MOTION FOR CONTEMPT AND ORDER TO SHOW CAUSE — CUSTODY AND SUPPORT ENFORCEMENT

Connecticut Superior Court

I. COURT CAPTION AND CASE INFORMATION

SUPERIOR COURT — JUDICIAL DISTRICT OF [________________________________]
At [________________________________]
☐ Family Support Magistrate Division (IV-D support case — Conn. Gen. Stat. § 46b-231)

Docket No.: [________________________________] (same number as the underlying order)

MOTION FOR CONTEMPT, POSTJUDGMENT (Conn. Practice Book § 25-27; Conn. Gen. Stat. § 46b-87)

II. NOTICE TO RESPONDENT / ORDER TO SHOW CAUSE

TO [________________________________] (Respondent), AND TO YOUR ATTORNEY OF RECORD, IF ANY:

YOU ARE ORDERED to appear before this Court at the date and time the Court assigns to show cause why you should not be found in contempt for failing to comply with the order(s) described below.

WARNING — POSSIBLE CONSEQUENCES. A finding of contempt may result in a money judgment for arrears, a wage withholding/income execution, make-up parenting time, an award of the Movant's attorney's fees and the fees of the serving officer (Conn. Gen. Stat. § 46b-87), coercive incarceration with a purge condition, and/or suspension of your driver's, professional, or recreational licenses. You have the right to be represented by an attorney. If incarceration is a possible result and you cannot afford counsel, you may be entitled to appointed counsel or other procedural safeguards under Turner v. Rogers, 564 U.S. 431 (2011), and Connecticut law.

IF YOU FAIL TO APPEAR, the Court may issue a capias (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). (Conn. Gen. Stat. § 46b-56; UCCJEA, §§ 46b-115 et seq.; UIFSA, §§ 46b-301 et seq.)

2. Venue is proper in the Judicial District of [________________________________].

3. Movant is [________________________________], residing at [________________________________].

4. Respondent 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 [☐ Judgment of Dissolution / Legal Separation ☐ Custody / Visitation Order ☐ Child Support Order ☐ Alimony Order ☐ Stipulated Order ☐ Other: __________] (the "Order"). A true and correct copy is attached as Exhibit A.

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

"[QUOTE THE EXACT ORDERED LANGUAGE — e.g., 'The defendant shall pay child support of $______ per week by immediate wage withholding.' / 'The parties shall share parenting time as follows: ______.']"

3. Knowledge of the Order. The Respondent has 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, [________________________________], when the Order was entered.

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

V. SPECIFIC VIOLATIONS

The Respondent, having knowledge of the Order and the present ability to comply, has wilfully failed to comply as set forth below.

A. ☐ Failure to Pay Child Support

Total child-support arrearage as of [__/__/____]: $[____________________]

B. ☐ Failure to Pay Alimony

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

C. ☐ Denial of Court-Ordered Custody / Visitation

• Item [__]: On [__/__/____], in violation of paragraph [__] of the Order, the Respondent failed and refused to provide court-ordered parenting time scheduled from [TIME] to [TIME] at [LOCATION]. [Describe: withheld the child / failed to appear for the 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 maintain health insurance, failure to reimburse unreimbursed medical expenses, failure to transfer property under the judgment.]

VI. LEGAL STANDARD

A. Elements of Civil Contempt

To establish civil contempt in Connecticut, the Movant must show:

☐ (1) A clear and unambiguous order that the Respondent was required to obey.
☐ (2) Ability to comply — the Respondent had the present ability to comply with the order.
☐ (3) Wilful violation — the Respondent's failure to comply was wilful.

The Movant must prove these elements by clear and convincing evidence. (Eldridge v. Eldridge, 244 Conn. 523 (1998); Gina M.G. v. William C., 77 Conn. App. 582 (2003).) Inability to comply, without fault, is a defense; a contemnor cannot be punished for failing to do what is impossible.

B. Civil (Coercive) vs. Criminal (Punitive) Contempt

• Civil / coercive contempt is remedial: it coerces future compliance and compensates the Movant. Any coercive incarceration must include a purge condition the Respondent is presently able to satisfy, so the Respondent "carries the keys of the prison in his own pocket."
• Criminal / punitive contempt imposes a fixed, unconditional sanction to vindicate the court's authority and carries heightened protections (notice of the criminal nature, the right against self-incrimination, and proof beyond a reasonable doubt).

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

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 Respondent to file a sworn financial affidavit (Form JD-FM-6); (c) a meaningful opportunity to be heard; and (d) express findings on the clarity of the order, the Respondent's ability to comply, and wilfulness before any incarceration.

D. Attorney's Fees — Conn. Gen. Stat. § 46b-87 (Verbatim)

"When any person is found in contempt of an order of the Superior Court entered under section 46b-60 to 46b-62, inclusive, 46b-81 to 46b-83, inclusive, or 46b-86, the court may award to the petitioner a reasonable attorney's fee and the fees of the officer serving the contempt citation, such sums to be paid by the person found in contempt, provided if any such person is found not to be in contempt of such order, the court may award a reasonable attorney's fee to such person. The costs of commitment of any person imprisoned for contempt of court by reason of failure to comply with such an order shall be paid by the state as in criminal cases."

An award of attorney's fees in a contempt proceeding is punitive in nature, is within the trial court's discretion, and need not be tied to the parties' relative financial positions; the court may consider the contemnor's behavior. The Court is requested to consider and award the Movant's reasonable attorney's fees and the serving officer's fees under § 46b-87.

VII. RELIEF REQUESTED

WHEREFORE, the Movant respectfully requests that the Court:

1. Issue an Order to Show Cause directing the Respondent to appear and show cause why the Respondent should not be held in contempt as to each violation;

2. Find the Respondent in contempt for each wilful violation proven by clear and convincing evidence;

3. Enter judgment for the total arrearage of $[____________________] in unpaid [☐ child support ☐ alimony], plus interest;

4. Order income withholding / wage execution under Conn. Gen. Stat. § 52-362 for ongoing support and the arrearage;

5. Order make-up parenting time under Conn. Gen. Stat. § 46b-56 to compensate the Movant for parenting time wrongfully denied, as follows: [describe schedule];

6. Award the Movant a reasonable attorney's fee and the fees of the officer serving the contempt citation under Conn. Gen. Stat. § 46b-87, in the amount of $[____________], or as proven;

7. Impose coercive sanctions, including incarceration conditioned on a purge the Respondent is presently able to satisfy as set out in the Proposed Order;

8. Order suspension of the Respondent's license(s) for support delinquency under Conn. Gen. Stat. § 46b-220, where applicable;

9. Grant such other relief as the Court deems just and equitable.

VIII. AFFIDAVIT OF MOVANT

I, [________________________________], being duly sworn, depose and say:

1. I am the Movant. 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 Respondent 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: [☐ Support Enforcement Services payment record ☐ bank records ☐ communications ☐ parenting-time log].

5. To the best of my knowledge, the Respondent had the present 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].

Subscribed and sworn to before me on [__/__/____].

_________________________________
[________________________________], Movant

_________________________________ Commissioner of the Superior Court / Notary Public

_________________________________
[________________________________], Attorney for Movant
Juris No. [____________]
[Firm Name / Address / Telephone / Email]

IX. [PROPOSED] ORDER (with Purge)

After hearing, the Court FINDS and ORDERS:

1. The Order was clear and unambiguous; the Respondent had actual knowledge of it and the present ability to comply; and the Respondent wilfully violated it as to Items [____________], proven by clear and convincing evidence.

2. The Respondent is found in contempt.

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

4. Income withholding / wage execution shall issue under Conn. Gen. Stat. § 52-362.

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

6. The Respondent shall pay the Movant a reasonable attorney's fee of $[____________] and the serving officer's fees of $[____________] under Conn. Gen. Stat. § 46b-87.

7. Sanction. The Respondent is committed to the custody of the Commissioner of Correction for [____] days, ☐ suspended on condition that the Respondent purge the contempt by:

☐ paying $[____________] of the arrearage by [__/__/____] (the Court having found a present ability to pay);
☐ complying with the [parenting-time / support] provisions for [____] consecutive [weeks/months];
☐ [other purge: ________________________________].

8. ☐ The Respondent's license(s) are referred for suspension under Conn. Gen. Stat. § 46b-220.

Date: [__/__/____]

_________________________________
JUDGE / FAMILY SUPPORT MAGISTRATE

X. ORDER OF NOTICE / HEARING (Court)

The foregoing Motion having been presented, it is ORDERED that a hearing be held on [__/__/____] at [____] ☐ a.m. ☐ p.m. at [________________________________], and that the Respondent be served as provided below at least [____] days before the hearing.

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

XI. CERTIFICATION / RETURN OF SERVICE

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

☐ In-hand / abode service by a state marshal on [__/__/____] at [LOCATION] (required where incarceration is a possible sanction);
☐ Service on appearing counsel of record, [________________________________], by [mail/electronic] (where permitted by Practice Book);
☐ Other: [________________________________].

_________________________________
[State Marshal / Person Effecting Service — Printed Name and Signature]

XII. EXHIBITS

• Exhibit A: Copy of the underlying Order dated [__/__/____]
• Exhibit B: Proof establishing knowledge of the Order
• Exhibit C: Support Enforcement Services / certified payment record
• Exhibit D: Evidence of present ability to pay/comply
• Exhibit E: Communications regarding the violations
• Exhibit F: Parenting-time log / calendar
• Exhibit G: Movant's sworn Financial Affidavit (JD-FM-6)
• Exhibit H: Attorney-fee affidavit with billing records

SOURCES AND REFERENCES

• Conn. Gen. Stat. § 46b-87 (contempt of orders; attorney's fees) — https://codes.findlaw.com/ct/title-46b-family-law/ct-gen-st-sect-46b-87/
• Conn. Gen. Stat. § 46b-56 (custody/visitation/support orders); § 46b-86 (modification/enforcement)
• Conn. Gen. Stat. § 46b-231 (Family Support Magistrate's Act; IV-D support) — https://codes.findlaw.com/ct/title-46b-family-law/ct-gen-st-sect-46b-231/
• Conn. Gen. Stat. § 52-362 (income withholding / wage execution); § 46b-220 (license suspension)
• Conn. Practice Book § 25-27 (Motion for Contempt — Family Matters); Form JD-FM-6 (Financial Affidavit)
• Turner v. Rogers, 564 U.S. 431 (2011)
• Eldridge v. Eldridge, 244 Conn. 523 (1998); Gina M.G. v. William C., 77 Conn. App. 582 (2003)