Motion for Contempt and Enforcement (Custody & Support) (District of Columbia)

IMPORTANT — TWO CONTEMPT TRACKS IN D.C. Civil contempt (coercive, with a purge the contemnor can satisfy) to enforce a custody, parenting-time, or support order proceeds under the Superior Court's contempt power, D.C. Code § 11-944, and Super. Ct. Dom. Rel. R. 70. A criminal contempt remedy specifically for willful failure to pay child support is provided by D.C. Code § 46-225.02 (up to 180 days; failure to pay is prima facie evidence of willful violation; attorney's fees are generally mandatory). This is a preparation guide, not an official court form. Confirm the current statutes and rules and consult D.C. family-law counsel before filing.

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

Family Court — Domestic Relations Branch

Case No.: [________________________________] (the same case in which the underlying Order was entered)

Judge / Calendar: [________________________________]

Next Hearing Date: [__/__/____] Time: [____] Courtroom: [____]

MOTION FOR CONTEMPT AND ENFORCEMENT

Movant, [________________________________], by and through the undersigned, respectfully moves this Court, pursuant to D.C. Code § 11-944, Super. Ct. Dom. Rel. R. 70, and (as to unpaid child support) D.C. Code § 46-225.02, for an order holding Respondent in contempt of this Court and enforcing the Court's prior Order(s), and in support states:

I. INTRODUCTION AND NATURE OF THE MOTION

1. This is a post-judgment motion to enforce and to hold Respondent in contempt of a prior Order of this Court governing:

☐ Custody / parenting time (visitation)
☐ Child support
☐ Spousal support / alimony / maintenance
☐ Other: [________________________________]

2. Respondent has willfully failed and refused to comply with the Order(s) described below, despite having actual knowledge of the Order(s) and the ability to comply.

3. Movant seeks civil contempt sanctions (coercive and compensatory) and, as to any willful failure to pay child support, the criminal contempt remedy authorized by D.C. Code § 46-225.02. Movant requests the relief set out in Part VI below.

II. JURISDICTION AND VENUE

4. This Court has continuing jurisdiction over the parties and the subject matter, having entered the underlying Order(s) in this action. See D.C. Code § 16-914 (custody), § 16-916.01–.02 (child support; continuing exclusive jurisdiction), and § 16-911/§ 16-913 (spousal support).

5. The Superior Court has the power "to punish for disobedience of an order or for contempt committed in the presence of the court." D.C. Code § 11-944(a).

6. A money obligation for support entered by this Court is enforceable as a money judgment. D.C. Code § 46-204.

III. THE PARTIES AND THE CHILD(REN)

7. Movant resides at [________________________________], Washington, D.C. [____], and is the [Plaintiff / Petitioner / Respondent] / [mother / father / custodian] in this action.

8. Respondent resides at [________________________________], [City], [State] [____], and is the [Plaintiff / Petitioner / Respondent] / [obligor / non-custodial parent] in this action.

9. The minor child(ren) subject to the Order(s):

IV. THE ORDER(S) AT ISSUE

10. On [__/__/____], this Court entered a [Custody Order / Parenting Plan / Judgment of Absolute Divorce / Child Support Order / Consent Order / Other: __________] (the "Order"), a true and correct file-stamped copy of which is attached as Exhibit A and incorporated by reference.

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

"[QUOTE THE EXACT TEXT — e.g., 'Defendant shall pay child support of $______ per month, payable on the 1st day of each month, commencing __________, through the D.C. Child Support Services Division / by income withholding.' / 'The parties shall exchange the child for the non-custodial parent's parenting time every other weekend from Friday at 6:00 p.m. to Sunday at 6:00 p.m. at __________.']"

12. Knowledge of the Order. Respondent has actual knowledge of the Order because (check all that apply):

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

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

V. SPECIFIC VIOLATIONS

Respondent has willfully violated the Order as set forth below. Each numbered item is alleged as a separate ground for contempt and enforcement.

A. Custody / Parenting-Time Interference

☐ Violation: On the dates listed, in violation of paragraph [__] of the Order, Respondent failed and refused to deliver the child(ren) for Movant's court-ordered parenting time, or otherwise interfered with custody/parenting time:

B. Child-Support Arrears

☐ Violation: In violation of paragraph [__] of the Order, Respondent failed to pay court-ordered child support as follows:

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

C. Spousal-Support / Alimony Arrears

☐ Violation: In violation of paragraph [__] of the Order, Respondent failed to pay court-ordered spousal support/alimony:

Total spousal-support arrearage as of [__/__/____]: $[________________]

D. Other Violations

☐ Violation: [Describe each additional act — e.g., failure to maintain health insurance, failure to reimburse uninsured medical expenses, failure to comply with a transfer or disclosure provision — with the date, the specific provision violated, and the current status.]

VI. LEGAL STANDARD

A. Civil vs. Criminal Contempt

14. Civil contempt is coercive and compensatory — its purpose is to compel future compliance and to compensate Movant for losses caused by the noncompliance. The contemnor "carries the keys of the prison in his own pocket" and may obtain release at any time by purging the contempt through compliance. See Hicks v. Feiock, 485 U.S. 624, 631–32 (1988).

15. Criminal contempt is punitive — it vindicates the Court's authority through a fixed, unconditional sanction and carries heightened procedural safeguards (notice of the criminal nature of the charge, the privilege against self-incrimination, and proof beyond a reasonable doubt). D.C. Code § 46-225.02 establishes a criminal contempt remedy specifically for willful failure to pay child support.

B. Elements (Civil Contempt)

16. To establish civil contempt, Movant must show: (a) a clear and unambiguous Order; (b) Respondent's knowledge of the Order; and (c) Respondent's failure to comply. Respondent's ability to comply is at issue, and a good-faith inability to comply is a defense.

C. Willfulness and the § 46-225.02 Presumption

17. For the criminal contempt remedy under D.C. Code § 46-225.02, "failure to pay child support, as ordered, shall constitute prima facie evidence of a willful violation." The presumption "may be rebutted if the obligor was incarcerated, hospitalized, or had a disability during the period of nonsupport" (a non-exhaustive list). § 46-225.02(d).

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

18. Where incarceration is a possible sanction for nonpayment of support, due process requires the safeguards described in Turner v. Rogers, 564 U.S. 431 (2011): (a) notice that ability to pay is the critical issue; (b) a financial-disclosure form or its functional equivalent; (c) an opportunity to be heard on the ability-to-pay question; and (d) express findings on ability to pay. Movant requests that the Court afford Respondent these safeguards and make the required findings on the record.

E. Statutory Caps on Civil-Contempt Incarceration (Custody Cases)

19. In a custody proceeding, no individual may be imprisoned for civil contempt for more than 12 months (up to 18 consecutive months if criminal contempt is charged under § 11-944(b)(3)). After 6 consecutive months of civil-contempt imprisonment, the continuing contemnor may be prosecuted for criminal contempt (trial within 90 days, jury trial on request, before a different judge). D.C. Code § 11-944(b).

VII. RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that the Court:

1. Issue an order directing Respondent to appear and show cause why Respondent should not be held in contempt of this Court for each violation alleged above;

2. Adjudge Respondent in civil contempt (and, as to willful failure to pay child support, in criminal contempt under D.C. Code § 46-225.02) as to each violation proven;

3. Enter judgment for the total support arrearage of $[________________] (child support) and $[________________] (spousal support), plus statutory interest, as a money judgment under D.C. Code § 46-204;

4. Order income withholding for current support and arrears under D.C. Code § 46-207.02 et seq. and 42 U.S.C. § 666;

5. Order make-up parenting time to compensate Movant for parenting time wrongfully denied, as follows: [describe specific make-up schedule], and direct strict future compliance with the custody/parenting-time provisions;

6. Order coercive incarceration (subject to the § 11-944(b) caps in custody cases, or the 180-day cap in § 46-225.02 child-support criminal contempt), suspended on the condition that Respondent purge the contempt as set forth in the proposed order below;

7. Award Movant attorney's fees and costs incurred in bringing this Motion (mandatory under D.C. Code § 46-225.02(c) for child-support contempt absent good cause shown on the record) in the amount of $[________________], or as proven;

8. Refer Respondent for suspension of driver's, professional, and recreational licenses and other federal IV-D enforcement remedies (45 C.F.R. § 303.6) as applicable; and

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

VIII. NOTICE OF HEARING

TO RESPONDENT, [________________________________]:

PLEASE TAKE NOTICE that the foregoing Motion will be heard on [__/__/____] at [____] in Courtroom [____] of the Superior Court of the District of Columbia, Family Court, 500 Indiana Avenue, N.W., Washington, D.C.

WARNING — POSSIBLE SANCTIONS: A finding of contempt may result in a money judgment, attorney's fees and costs, make-up parenting time, income withholding, license suspension, and/or incarceration. You have the right to be represented by an attorney. If incarceration is a possible sanction and you cannot afford an attorney, you may be entitled to court-appointed counsel or to alternative procedural safeguards under Turner v. Rogers, 564 U.S. 431 (2011). Ability to comply (and, for support, ability to pay) is the critical question at the hearing; bring proof of your income, expenses, assets, and any reason you were unable to comply. FAILURE TO APPEAR may result in a bench warrant for your arrest.

IX. VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of the District of Columbia that I have read the foregoing Motion, that I have personal knowledge of the facts stated, and that they are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [City], [State].

_________________________________
[________________________________], Movant

X. [PROPOSED] ORDER

Upon consideration of the Motion for Contempt and Enforcement, the evidence and argument presented, and the entire record, the Court FINDS and ORDERS:

1. A clear and unambiguous Order of this Court, entered [__/__/____], was in effect at all relevant times, and Respondent had actual knowledge of it.

2. Respondent failed to comply with the Order as follows: [________________________________].

3. Respondent had the ability to comply (and, as to support, the present ability to pay) at the time of each violation, and the failure to comply was willful. [For child support: the prima facie willfulness presumption under D.C. Code § 46-225.02(d) was [not] rebutted.]

4. Respondent is ADJUDGED IN CONTEMPT of this Court (☐ civil ☐ criminal under § 46-225.02) as to the following violation(s): [________________________________].

5. JUDGMENT is entered in favor of Movant and against Respondent for support arrears of $[________________], plus interest, enforceable as a money judgment under D.C. Code § 46-204.

6. Income withholding shall issue under D.C. Code § 46-207.02 et seq. for current support plus an additional amount toward arrears.

7. Respondent shall provide Movant with make-up parenting time as follows: [________________________________].

8. Respondent is committed to the custody of the [Department of Corrections] for a period of [____] (☐ not to exceed 12 months in this custody matter per § 11-944(b); ☐ not to exceed 180 days per § 46-225.02), suspended on the condition that Respondent PURGE the contempt by:

☐ Paying $[________________] toward the arrearage (an amount the Court finds Respondent presently able to pay) to [the D.C. Child Support Services Division / the Clerk] on or before [__/__/____];
☐ Resuming and maintaining full compliance with the parenting-time / support provisions of the Order; and/or
☐ [Other purge condition]: [________________________________].

9. Respondent shall pay Movant's attorney's fees and costs of $[________________] (D.C. Code § 46-225.02(c)).

10. [Other relief]: [________________________________].

SO ORDERED this [____] day of [__________], 20[__].

_________________________________
Associate Judge, Superior Court of the District of Columbia

XI. 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 on Respondent / Respondent's counsel of record at [________________________________] by:

☐ Personal service by [process server / U.S. Marshal / authorized adult] on [__/__/____];
☐ First-class and certified mail, return receipt requested;
☐ Electronic service via the Court's e-filing system (Super. Ct. Dom. Rel. R. 5) on counsel of record;
☐ Other: [________________________________].

_________________________________
[Printed Name / Signature]
[Movant / Counsel for Movant], D.C. Bar No. [____________]
[Firm / Address / Phone / Email]

SOURCES AND REFERENCES

• D.C. Code § 11-944 (Contempt power; 12-month civil-contempt cap and criminal-contempt procedures in custody cases) — https://code.dccouncil.gov/us/dc/council/code/sections/11-944
• D.C. Code § 46-225.02 (Criminal contempt remedy for failure to pay child support; prima facie willfulness; mandatory attorney's fees) — https://code.dccouncil.gov/us/dc/council/code/sections/46-225.02
• D.C. Code § 46-204 (Support order enforceable as money judgment)
• D.C. Code § 46-207.02 et seq. (Income withholding)
• D.C. Super. Ct. Dom. Rel. R. 70 (Enforcing a Judgment for a Specific Act) — https://www.dccourts.gov/superior-court/superior-court-resources/rules-of-the-superior-court
• Turner v. Rogers, 564 U.S. 431 (2011)
• Hicks v. Feiock, 485 U.S. 624 (1988)
• 42 U.S.C. § 666; 45 C.F.R. § 303.6 (federal IV-D enforcement)