Application for Contempt and Enforcement (Custody & Support) - Iowa

APPLICATION FOR CONTEMPT AND ENFORCEMENT (RULE TO SHOW CAUSE)

(Iowa — District Court)

IN THE IOWA DISTRICT COURT FOR [COUNTY] COUNTY

Case No.: [________________________________]
Hearing Date: [__/__/____] Time: [____] Courtroom: [____]

I. INTRODUCTION

1. Movant, [PETITIONER / MOVANT NAME], applies to this Court under Iowa Code §§ 598.23 and 598.23A (and Iowa Code ch. 665) for an order finding Respondent in contempt of, and enforcing, the Court's prior Order(s) in this action.

2. On [__/__/____], this Court entered a [Decree of Dissolution of Marriage / Order Establishing Paternity, Custody, and Support / Modification Decree] (the "Decree" or "Order") establishing the parties' obligations as to [custody / visitation / child support / spousal support]. A copy of the Decree is attached as Exhibit A.

3. Respondent has willfully disobeyed the Decree as set forth below. This Application is verified (Section VIII) and requests that the Court issue a Rule to Show Cause / Order to Appear.

4. The minor child(ren) subject to the Decree:

• Name: [CHILD NAME], DOB: [__/__/____]
• Name: [CHILD NAME], DOB: [__/__/____]
• Name: [CHILD NAME], DOB: [__/__/____]

II. JURISDICTION AND VENUE

1. This Court has continuing jurisdiction over the parties and the subject matter, having entered the underlying Decree. Jurisdiction over custody continues under the UCCJEA (Iowa Code ch. 598B), and over support under UIFSA (Iowa Code ch. 252K).

2. Venue is proper in [COUNTY] County as the court of continuing jurisdiction.

3. Respondent had actual knowledge of the Decree, as set forth below.

III. THE ORDER(S) AT ISSUE

1. The Decree is clear, specific, and unequivocal. The operative provisions are quoted below:

"[QUOTE THE EXACT TEXT — e.g., 'Respondent shall pay child support of $[____] per month, by income withholding through the Collection Services Center (CSC), commencing [__/__/____].']"

"[QUOTE VISITATION / CUSTODY PROVISION — e.g., 'Petitioner shall have visitation on alternating weekends from Friday 6:00 p.m. to Sunday 6:00 p.m., with exchanges at __________.']"

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

☐ Respondent was present in court when the Decree was entered on [__/__/____].
☐ Respondent signed the stipulation that became the Decree.
☐ Respondent was served with the Decree on [__/__/____].
☐ Respondent was represented by counsel, [ATTORNEY NAME], when the Decree was entered.

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

IV. SPECIFIC VIOLATIONS

The nature of the violation(s) (check all that apply):

☐ Custody / visitation interference — Respondent denied, withheld, or interfered with court-ordered visitation / custody.
☐ Child-support arrears — Respondent failed to make court-ordered child-support payments (amount, dates, and total in the arrears table below). Iowa Code § 598.23A.
☐ Spousal-support / alimony arrears — Respondent failed to pay court-ordered spousal support.
☐ Other — [describe: failure to provide medical support / reimburse uncovered medical / transfer property / pay equalization].

A. Support Arrears (Child Support and/or Spousal Support)

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

B. Custody / Visitation Violations

• Count [__]: On [__/__/____], in violation of paragraph [__] of the Decree, Respondent failed and refused to deliver the child(ren) for court-ordered visitation scheduled from [TIME] to [TIME] at [LOCATION]. Respondent [describe specific act].
• Count [__]: On [__/__/____], [describe second occurrence].

C. Other Violations

• Count [__]: [Describe with date, the specific provision violated, and current status.]

V. LEGAL STANDARD

A. Contempt — Iowa Code § 598.23

Under Iowa Code § 598.23(1), if a person against whom a temporary order or final decree has been entered willfully disobeys the order or decree, the person may be cited and punished for contempt and committed to the county jail for a period not to exceed thirty (30) days for each offense. As an alternative to punishment, the Court may, under § 598.23(2), order income withholding (ch. 252D), modify visitation to compensate for lost time, establish or transfer custody, direct neutral-party contact, or order mediation.

B. Support Contempt — Iowa Code § 598.23A

For failure to make support payments, the Court may, in addition or alternatively, under Iowa Code § 598.23A: (a) require posting of a cash bond equal to the arrearage plus at least twelve months of future support; (b) require community service of up to 20 hours/week for six weeks per finding (with conditional release on proof of employment/income withholding or payment); and (c) enjoin the contemnor from engaging in any activity governed by a license (driver's, professional, recreational), subject to an extreme-hardship exception. Failure to comply with a seek-employment order under § 252B.21 is evidence of willful failure to pay support.

C. Civil vs. Criminal Contempt

• Civil/coercive contempt is conditional — the contemnor may avoid or end the sanction by complying (the "purge"); its purpose is to compel obedience. See Iowa Code § 665.5 (confinement until the act is performed).
• Criminal/punitive contempt is a fixed sanction for past disobedience that cannot be avoided by compliance. In Iowa, the maximum punishment for contempt of a dissolution decree is fixed by § 598.23(1) (30 days per offense) rather than the general § 665.4 limit.

Movant seeks (select):

☐ Civil/coercive contempt with a stated purge; and/or
☐ Punitive contempt under § 598.23(1) (30 days per offense).

D. Burden of Proof — Willfulness Beyond a Reasonable Doubt; Ability to Comply

Because contempt is quasi-criminal, the party bringing the action must prove the willful violation beyond a reasonable doubt. Ary v. Iowa Dist. Ct., 735 N.W.2d 621 (Iowa 2007). Once a violation of a known order is shown, the alleged contemnor must produce evidence suggesting the violation was not willful (e.g., a genuine inability to pay or comply). The Court must consider the contemnor's ability to comply; under Turner v. Rogers, 564 U.S. 431 (2011), before any incarceration for nonpayment the Court must afford notice that ability to pay is the central issue, an opportunity to present financial information, a meaningful chance to be heard, and express findings. Hicks v. Feiock, 485 U.S. 624 (1988).

E. Non-Dissolution / Paternity Orders

If the underlying Order was entered outside a dissolution (e.g., a paternity order under ch. 600B), enforcement and contempt proceed under Iowa Code § 600B.37 (custody/visitation) and § 600B.37A (costs and attorney's fees), rather than § 598.23/.24.

VI. RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that the Court:

1. Issue a Rule to Show Cause / Order directing Respondent to appear personally on [__/__/____] at [____] in Courtroom [____] and show cause why Respondent should not be held in contempt for each violation alleged;

2. Adjudge Respondent in contempt as to each count proven and impose punishment under Iowa Code § 598.23(1) of up to 30 days in the [COUNTY] County Jail per offense;

3. Reduce the support arrears to a money judgment in favor of Movant and against Respondent in the amount of $[________________] for accrued and unpaid [child support / spousal support] through [__/__/____], plus statutory interest;

4. Order income withholding under Iowa Code ch. 252D, through the Collection Services Center, for current support plus an additional amount toward arrears (as an alternative or in addition to contempt punishment under § 598.23(2)(a));

5. Require a cash bond under Iowa Code § 598.23A(2)(a) equal to the arrearage plus at least twelve months of future support, and/or community service under § 598.23A(2)(b);

6. Enjoin Respondent from engaging in any activity governed by a license (driver's, professional, recreational) under Iowa Code § 598.23A(2)(c) until Respondent complies or enters into a satisfactory payment agreement;

7. Modify visitation to compensate for lost visitation time (make-up / compensatory visitation) under Iowa Code § 598.23(2)(b) as follows: [describe specific make-up schedule];

8. Award Movant costs and reasonable attorney's fees under Iowa Code § 598.24 (or § 600B.37A) in the amount of $[________________], or as proven at hearing;

9. Impose a coercive (civil) sanction, including confinement until compliance under Iowa Code § 665.5, subject to a purge as set forth below;

10. Make express findings as to Respondent's knowledge of the Decree, ability to comply at the time of each violation, and willfulness (beyond a reasonable doubt), before imposing any incarceration; and

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

Proposed Purge Conditions (Civil Contempt)

☐ Monetary purge: Payment of $[________________] (the arrearage, or a portion within Respondent's ability to pay) to the Collection Services Center / Clerk within [__] days.
☐ Bond purge: Posting the cash bond required under § 598.23A(2)(a).
☐ Visitation purge: Compliance with the visitation provisions of the Decree and delivery of all court-ordered make-up visitation.
☐ Separate non-incarceration compliance term: Full compliance with paragraph [__] of the Decree 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.

VII. NOTICE OF HEARING / RULE TO SHOW CAUSE

TO [RESPONDENT NAME], AND TO YOUR ATTORNEY OF RECORD, IF ANY:

PLEASE TAKE NOTICE that on [__/__/____] at [____] in Courtroom [____] of the above Court, the Court will hear Movant's Application and you are ordered to appear and show cause why you should not be held in contempt of the Court's Decree/Order.

WARNING — POSSIBLE SANCTIONS. A finding of contempt may result in an award of costs and reasonable attorney's fees, make-up visitation, a cash bond, community service, an injunction barring you from exercising any driver's, professional, or recreational license, and imprisonment in the county jail of up to 30 days per offense (Iowa Code § 598.23). You have the right to be represented by an attorney, and because contempt is quasi-criminal, the moving party must prove a willful violation beyond a reasonable doubt. If incarceration is possible for nonpayment of support and you cannot afford counsel, Turner v. Rogers, 564 U.S. 431 (2011), provides procedural safeguards; your ability to pay is the central issue, and you should bring proof of your income, assets, and expenses to the hearing. FAILURE TO APPEAR may result in the issuance of a warrant for your arrest.

VIII. VERIFICATION

STATE OF IOWA, County of [COUNTY], ss.

I, [PETITIONER / MOVANT NAME], being first duly sworn, depose and state:

1. I am the Movant in the above-captioned action and have personal knowledge of the facts stated herein.

2. The Decree described in Section III is a true and correct order of this Court, has not been vacated, modified, or stayed, and remains in full force and effect.

3. Respondent has actual knowledge of the Decree as set forth in Section III.2.

4. The specific violations described in Section IV occurred on the dates and in the manner alleged. Supporting documentation is attached, including [CSC payment record / payment ledger / bank records / text messages / visitation log].

5. To the best of my knowledge, information, and belief, Respondent had the ability to comply with each provision of the Decree at the time of each violation. The basis for my belief includes: [describe employment, income, assets, expenditures, partial compliance, statements made, etc.].

6. As a direct result of Respondent's willful noncompliance, I have suffered: [describe — financial hardship, inability to meet the child's needs, loss of visitation, costs incurred, attorney's fees].

7. I made the following good-faith efforts to obtain compliance before filing: [written demand on [__/__/____] / mediation / prior enforcement].

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

Dated: [__/__/____] _________________________________
[PETITIONER / MOVANT NAME], Movant

Subscribed and sworn before me on [__/__/____] by [MOVANT NAME].

_________________________________
Notary Public in and for the State of Iowa
My Commission Expires: [__/__/____]

_________________________________
[ATTORNEY NAME], AT No. [________]
Attorney for Movant
[FIRM NAME] · [ADDRESS] · [CITY, STATE ZIP]
Telephone: [____________] Email: [________________________________]

IX. [PROPOSED] ORDER

This matter coming before the Court on Movant's verified Application, the Court FINDS and ORDERS:

1. A Rule to Show Cause is issued; Respondent shall appear on [__/__/____] at [____] in Courtroom [____].

2. As to Count(s) [____], the Court finds beyond a reasonable doubt that Respondent had knowledge of the Decree, had the ability to comply, and willfully disobeyed the Decree, and holds Respondent in contempt under Iowa Code § 598.23 / § 598.23A.

3. Respondent is committed to the [COUNTY] County Jail for [__] days (not to exceed 30 days per offense under § 598.23(1)) [☐ as a punitive sanction / ☐ as a coercive sanction under § 665.5, suspended on the condition that Respondent purge the contempt as stated below].

4. Movant is awarded a money judgment of $[________________] for support arrears through [__/__/____], plus statutory interest.

5. Income withholding shall issue under Iowa Code ch. 252D, through the Collection Services Center, for current support plus $[________] per [month] toward arrears.

6. ☐ Respondent shall post a cash bond of $[________] under § 598.23A(2)(a); and/or ☐ perform community service of [____] hours under § 598.23A(2)(b).

7. ☐ Respondent is enjoined from engaging in any activity governed by a license under § 598.23A(2)(c) until compliance.

8. Make-up / compensatory visitation is awarded to [Movant] as follows: [schedule], under § 598.23(2)(b).

9. Movant is awarded costs and reasonable attorney's fees of $[________________] under Iowa Code § 598.24.

10. The Court finds Respondent has the present ability to satisfy any purge condition stated above.

IT IS SO ORDERED.

Dated: [__/__/____] _________________________________
District Court Judge, [COUNTY] County

X. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I served a true and correct copy of the foregoing APPLICATION FOR CONTEMPT AND ENFORCEMENT and exhibits on Respondent / Respondent's counsel by:

☐ Personal service by [process server / sheriff] on [__/__/____] (recommended for contempt service);
☐ Iowa EDMS (electronic filing) to counsel of record;
☐ Certified mail, return receipt requested;
☐ U.S. Mail, postage prepaid;
☐ Other (specify): [________________________________]

addressed to: [RESPONDENT / COUNSEL NAME], [ADDRESS], [CITY, STATE ZIP].

_________________________________
[Printed Name / Signature]

SOURCES AND REFERENCES

• Iowa Code § 598.23 (contempt — 30 days per offense; alternatives: income withholding ch. 252D, modified/compensatory visitation, neutral-party contact, mediation)
• Iowa Code § 598.23A (support-payment contempt — cash bond; community service; enjoining license activity; seek-employment order as evidence of willfulness)
• Iowa Code § 598.24 (costs and reasonable attorney's fees against a party in default or contempt)
• Iowa Code ch. 665 (general contempt — § 665.4 punishment; § 665.5 coercive confinement until compliance)
• Iowa Code § 600B.37 / § 600B.37A (paternity/non-dissolution enforcement and fees); Iowa Code ch. 252D (income withholding); § 252B.21 (seek-employment order)
• UCCJEA, Iowa Code ch. 598B; UIFSA, Iowa Code ch. 252K
• Ary v. Iowa Dist. Ct., 735 N.W.2d 621 (Iowa 2007) (willfulness proven beyond a reasonable doubt); Greene v. Iowa Dist. Ct. (ability to pay; alternative conditions for avoiding imprisonment)
• Turner v. Rogers, 564 U.S. 431 (2011); Hicks v. Feiock, 485 U.S. 624 (1988)