Contempt Petition Instructions (Page 2 of 4) in pdf

STEP 1. DETERMINE IF A CONTEMPT PETITION IS RIGHT FOR

YOUR SITUATION.

The first thing you need to do is determine if filing a Contempt Petition is the correct

legal action for your situation. For example, if what you want to do is request the court to

change the terms of an order, a Contempt Petition is not the correct course of action. To request

a change in the terms of a court order, you need to file a Petition for Modification. Modification

Packets are available in Family Court and Circuit Clerk offices.

If you want the court to enforce the terms of an order you believe is being violated, filing

a Contempt Petition may be the correct legal action. When you file a Contempt Petition, you are

asking the court to hold the person named in the petition in contempt of court for failing to obey

a court order; and you are asking the court to force that person to obey the order. These are

some examples of failures to obey a court order. This is only a listing of a few examples, and

does not cover all possibilities. 1. Failure to pay child support, or spousal support. 2. Failure to

make payments ordered to carry out equitable distribution of marital property. 3. Failure to

follow the terms of a court ordered Parenting Plan.

If you believe filing a Contempt Petition is the correct course of action for your situation,

proceed to Step 2.

STEP 2. OBTAIN A COPY OF THE ORDER.

You will need a copy of the court order you believe is being violated, because a copy of

the order must be attached to your Contempt Petition. If you do not have a copy of the order,

obtain one from the Circuit Clerk’s office.

STEP 3. FILL OUT THE PETITION FORM .

You must provide all requested information. The failure to provide all information

required on the petition form may prevent you from obtaining a hearing before the court.

Tips on filling out the petition form.

1. Be certain you provide a complete and current address for the person you want the court to

hold in contempt. The sheriff’s department must serve the Petition on that person by delivering

it in person. To do that, the sheriff’s department must have a good address. If the sheriff’s

department cannot find the person and serve the petition, the case will not proceed.

2. If you are claiming the person named in your petition has failed to obey an order requiring the

payment of child support, spousal support, or separate maintenance, you must: A. List the due

dates and amounts of payments you claim were not made. B. State the total amount past due as

of the date you sign the petition. C. Attach to your petition a copy of the court order which

required the payments you claim have not been made.

3. If you are claiming the person named in your petition has failed to obey the terms of a court

ordered Parenting Plan, you must: A. Explain how the person failed to obey the terms of the

court ordered plan. Your explanation must be specific, and you must provide dates on which you

SCA-FC-250 (12/01)

Contempt Petition Instructions

Page 2 of 4

Contempt Petition Instructions Page 2