Filing a Motion for Contempt in a CT Divorce: A Guide to § 25-27

A divorce decree or temporary court order represents a binding legal mandate, a set of rules designed to provide stability and fairness during and after a divorce. But what happens when those rules are broken? When alimony payments stop, parenting time is denied, or assets aren't transferred as ordered, the piece of paper your rights are written on can feel worthless. Fortunately, the Connecticut family court system provides a powerful tool for enforcement: the Motion for Contempt.

Filing a motion for contempt in CT family court is the primary legal mechanism for holding your former spouse accountable for non-compliance. However, it is not a simple process. It is a quasi-criminal proceeding where a person's liberty could be at stake, and the court demands exacting precision from the person filing the motion.

This comprehensive guide will serve as your roadmap to the contempt process, focusing on the specific procedural requirements outlined in the Connecticut Practice Book. We will break down the essential elements of a successful motion, particularly the strict rules of Practice Book § 25-27, which governs how these motions must be written. You will learn:

The four essential elements a judge must find to rule in your favor.
How to correctly draft your motion to meet the court's stringent requirements.
The critical difference between "won't pay" and "can't pay."
The process for enforcing divorce orders in Connecticut, from financial support to parenting plans.
What to do if your ex is violating automatic orders in CT early in the case.
The potential remedies the court can impose, including the right to counsel under § 25-63 if jail time is a possibility.

By understanding these rules, you can confidently take the necessary steps to enforce your rights and ensure the court's orders are respected.

Understanding Contempt in Connecticut Family Law

Before diving into the procedural "how-to," it's crucial to understand the legal concept of contempt. It’s more than just a disagreement; it’s a direct challenge to the authority of the court.

What is Contempt of Court?

In the context of a Connecticut divorce, contempt is the willful failure to obey a clear and unambiguous court order. The key word here is willful. The court must be convinced that the person who violated the order (the "respondent" or "alleged contemnor") did so intentionally and not because of a genuine mistake, misunderstanding, or inability to comply.

Most family law contempt actions are civil contempt, not criminal. The distinction is important:

Civil Contempt: The goal is coercive, not punitive. The court's aim is to compel the person to comply with the order. The classic phrase is that the contemnor "holds the keys to their own jail cell." This means they can end the punishment (such as incarceration) at any time by complying with the court's order (e.g., by paying a "purge amount").
Criminal Contempt: The goal is punitive. It is meant to punish the person for their past disrespect of the court's authority and vindicate the court itself. This is less common in family matters.

To prove your case, you must meet a standard of proof known as "clear and convincing evidence." This is a higher bar than the "preponderance of the evidence" standard used in most civil cases, but not as high as the "beyond a reasonable doubt" standard used in criminal trials. You must present evidence that makes it highly probable that the violation was willful.

The Four Elements of a Successful Contempt Finding

When you present your motion to a judge, they are looking for four specific elements. You must prove each one with clear and convincing evidence to be successful.

A Clear and Unambiguous Order: The court order that was violated must be specific, precise, and easy to understand. A vague order like "the parties will be reasonable with parenting time" is difficult to enforce. A specific order like "the Father's parenting time shall be every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m." is clear and enforceable.
Notice of the Order: You must show that the other party knew the order existed. For orders made in a final divorce decree that the other party signed, or for orders made in open court when they were present, this element is usually easy to prove.
Willful Violation: This is the heart of most contempt hearings. You must demonstrate that the respondent’s failure to comply was a deliberate choice. It was not accidental, and it was not due to circumstances entirely beyond their control.
The Moving Party was Harmed: You must show that the violation caused you some form of harm. This is typically straightforward—if you weren't paid alimony, your harm is the lack of funds. If you were denied parenting time, your harm is the loss of time with your child.

A failure to prove any one of these four elements will result in the court denying your motion.

The Foundation of Your Motion: Connecticut Practice Book § 25-27

Knowing the four elements is the theory; Practice Book § 25-27 is the practical application. This rule is the blueprint for drafting a legally sufficient Motion for Contempt in a family case. If you fail to follow its specific instructions, a judge can dismiss your motion on procedural grounds before you even get to argue the facts of the case.

Section 25-27(a) mandates that every motion for contempt must include three specific components. Let's break them down with practical examples.

Requirement 1: Stating the Order (§ 25-27(a)(1))

Your motion must begin by identifying the exact order that was violated. This requires two pieces of information:

The Date of the Order: You must state the precise date the judge signed the order or it was entered by the court.
The Exact Language of the Order: You must quote, verbatim, the specific portion of the order that the other party has violated.

Practical Example: Failure to Pay for Extracurricular Activities

Incorrect (Vague): "My ex was supposed to pay for half of our son's soccer fees and didn't."
Correct (Precise and Compliant with § 25-27): "The Respondent has violated the court order dated October 5, 2023, which states, in relevant part, at Article IV, Paragraph 4.2: 'The parties shall equally divide the cost of any agreed-upon extracurricular activities for the minor children. The parent who incurs the expense shall provide the other parent with a receipt within seven (7) days, and the other parent shall reimburse his or her fifty percent (50%) share within fourteen (14) days of receiving said receipt.'"

This precision leaves no room for doubt about which order is at issue.

Requirement 2: Detailing the Violations (§ 25-27(a)(2))

Next, your motion must "state the specific factual basis of the claimed violation." This is where you connect the order to the other party's actions (or inactions). You must list, with dates and details, every single instance of non-compliance.

Practical Example (Continuing the Extracurriculars Scenario):

Incorrect (Vague): "He never pays on time."
Correct (Specific and Factual): "The Respondent has violated the aforementioned order in the following specific ways:
1. On March 1, 2024, the Plaintiff registered the minor child, John, for the Spring Town Soccer league at a cost of $150.00.
2. On March 2, 2024, the Plaintiff provided the Respondent with a copy of the receipt via email, as required by the order.
3. Pursuant to the order, the Respondent's 50% share of $75.00 was due to the Plaintiff by March 16, 2024.
4. As of the date of this motion, the Respondent has failed to make said payment."

This level of detail creates a clear record for the judge and shows that you have a well-founded claim.

Requirement 3: Calculating the Arrearage (§ 25-27(a)(3))

Finally, if the contempt involves a failure to pay money, your motion must "state the amount of the arrearage claimed." An arrearage is the total amount of money that is past due. Your calculation must be clear, accurate, and easy for the court to follow.

Practical Example: Compiling a Child Support Arrearage

Imagine an order requires a payment of $250 per week in child support.

Incorrect (Vague): "He owes me a few thousand dollars in back child support."
Correct (Clear and Calculated): As a direct and willful result of the violations listed above, the Respondent is in arrears for child support in the total amount of $1,250.00, calculated as follows:
- Payment due May 3, 2024: $250.00 (Unpaid)
- Payment due May 10, 2024: $250.00 (Unpaid)
- Payment due May 17, 2024: $250.00 (Unpaid)
- Payment due May 24, 2024: $250.00 (Unpaid)
- Payment due May 31, 2024: $250.00 (Unpaid)
- Total Arrearage: $1,250.00

This clear accounting makes it simple for the judge to see exactly what you are asking for and why.

Common Scenarios for a Motion for Contempt in CT Family Court

Now that you understand the legal framework, let's look at what to do if your ex violates a court order in CT across different common scenarios. The principles of § 25-27 apply to all of them.

Enforcing Divorce Orders for Financial Matters

This is the most frequent use of contempt motions. Examples include:

Alimony and Child Support: The non-payment of periodic support is a classic contempt situation. You would follow the three-step process above: state the order, list each missed payment by date, and calculate the total arrearage.
Property Transfers: If your decree states your ex must refinance the mortgage to remove your name from the loan by a certain date and fails to do so, that is contempt. If they were ordered to turn over a portion of their 401(k) via a Qualified Domestic Relations Order (QDRO) and are refusing to sign the necessary paperwork, that is also contempt.
Debt Payments: If the divorce decree assigned a specific credit card debt to your ex-spouse for payment and they stop paying—risking your credit score—you can file for contempt to force them to pay and potentially seek reimbursement for any damages.
Insurance: An order to maintain health insurance for the children or a life insurance policy for the benefit of the other spouse is enforceable through contempt. If they let the policy lapse, you can ask the court to compel them to reinstate it.

Violating Automatic Orders in CT (§ 25-5)

From the moment a divorce is filed, a set of Automatic Orders (Form JD-FM-158) goes into effect for both parties. These orders are designed to maintain the financial status quo during the case. Violating them can also be grounds for contempt.

These orders, detailed in Practice Book § 25-5, prohibit parties from, among other things:

Selling, mortgaging, or giving away marital assets without written agreement or a court order.
Incurring unreasonable debts that would burden the marital estate.
Removing the other spouse or minor children from existing medical, dental, or life insurance policies.
Permanently removing the minor children from Connecticut without agreement or a court order.

If your spouse empties a joint savings account or sells the family boat the week after you file for divorce, you can file a Motion for Contempt for violating automatic orders in CT. You would quote the specific provision of the Automatic Orders, detail the transaction (date, amount, asset), and ask the court to remedy the situation (e.g., order the funds to be returned).

Contempt for Non-Financial and Parenting Plan Violations

Contempt isn't just about money. It is a crucial tool for enforcing parenting plans. Examples include:

Denial of Parenting Time: If your ex consistently refuses to make the children available for your court-ordered parenting time.
Unilateral Decisions: If you have joint legal custody, which requires joint decision-making on major issues (health, education, religion), and your ex enrolls the child in a new school or authorizes a non-emergency medical procedure without your consent.
Communication Violations: If the parenting plan requires daily phone calls with the children and your ex is blocking them.
Non-Disparagement Clauses: Many agreements contain clauses preventing parents from bad-mouthing each other to the children. While harder to prove, a pattern of such behavior can be grounds for contempt.

For these violations, you still follow § 25-27. You quote the parenting plan order, list each specific instance of denial or violation with dates, and state the harm (loss of parental relationship, undermining of your authority).

The Contempt Process: From Filing to Hearing

Filing a well-drafted motion is the first step. Here is the typical progression of a contempt action.

Step 1: Drafting the Motion (Form JD-FM-174)

The Connecticut Judicial Branch provides a form, JD-FM-174, Motion for Contempt. This form is a basic template. You will check the boxes indicating what type of order was violated and then, most importantly, attach a detailed addendum or exhibit. This addendum is where you will meticulously lay out the three required elements from Practice Book § 25-27. Do not try to squeeze this critical information into the small boxes on the form itself.

Step 2: Filing and Service

You will file the completed motion with the clerk of the court where your divorce was handled. This can typically be done via the state's e-filing system or in person.

Crucially, a Motion for Contempt requires special service. Because a contempt finding can result in incarceration, the law requires a higher standard of notice. You cannot simply mail a copy to your ex-spouse or their attorney. You must have the motion, along with a court-issued Order to Attend Hearing, served in-hand on the other party by a licensed State Marshal. This ensures they have personally received notice of the hearing and the serious allegations against them. Failure to secure proper marshal service is one of the most common and fatal errors made by self-represented parties.

Step 3: The Court Hearing

At the hearing, you (the "moving party") will go first. You have the burden of proving the four elements of contempt by clear and convincing evidence. You will present your case to the judge through:

Your Testimony: Explaining the violations.
Documents: The court order itself, bank statements, cancelled checks, emails, text messages, receipts, and any other paper trail that supports your claim.
Witnesses: If necessary, you could have other people testify.

The respondent will then have a chance to present their defense. The most common defense is an inability to comply. They will try to prove that their failure was not willful. For financial matters, this means presenting evidence of job loss, medical disability, or other financial hardship that made it impossible, not just difficult, to pay. It is their burden to prove this defense.

The Right to Counsel: When Jail Time is on the Table (§ 25-63)

The potential for incarceration makes civil contempt a serious matter. Connecticut law recognizes this. Practice Book § 25-63 states that if the court may impose a sentence of incarceration, an indigent respondent (one who cannot afford a lawyer) has the right to have an attorney appointed for them by the court.

A judge will typically begin a contempt hearing where jail is a possible outcome by advising the respondent of this right. This "advisement of rights" underscores the gravity of the proceeding and serves as a protection for the accused.

What Can the Court Order? Remedies for Contempt

If the judge finds the respondent in willful contempt, they have a wide range of remedies available to enforce the order and compensate you for the violation.

Order to Pay: A direct order to pay the full arrearage by a specific date.
Payment Plan: An order to pay the arrearage in installments, in addition to their ongoing regular support obligation.
Wage Withholding Order: An order sent directly to the contemnor's employer, requiring them to deduct support payments from the person's paycheck and send them to the Connecticut State Disbursement Unit.
Sale of an Asset: An order requiring the person to sell a piece of property (like a car or boat) to generate funds to pay what they owe.
Award of Attorney's Fees: This is a very common remedy. If you had to hire an attorney to bring the motion, the judge can order your ex-spouse to reimburse you for your legal fees. The logic is that you should not have to pay to get what you were already entitled to under a court order.
Make-Up Parenting Time: For violations of a parenting plan, the judge can order a schedule of make-up time to compensate you for the time you lost.
Incarceration: The ultimate coercive tool. The judge can order the person to be jailed until they pay a "purge amount" set by the court. This amount is often a portion of the total arrearage, enough to show good faith and secure their release.

Common Mistakes to Avoid When Filing for Contempt

Navigating this process requires diligence. Avoid these common pitfalls:

Vague Allegations: Failing to follow the strict drafting rules of § 25-27 is the easiest way to have your motion fail. Be specific, use dates, and quote the order.
Improper Service: Mailing the motion instead of using a State Marshal for in-hand service will result in your hearing being cancelled.
Lack of Evidence: You cannot win on your word alone. Gather all your documents—bank statements, emails, texts, photos—to create a clear evidentiary record.
Using Contempt for Petty Disputes: Don't run to court because your ex was 15 minutes late for a parenting exchange. Reserve contempt motions for clear, significant, and repeated violations. Overusing the tool can damage your credibility with the court.
Not Anticipating the Defense: Be prepared to counter the "inability to pay" defense. If you know your ex just bought a new car or went on an expensive vacation, be ready to present that evidence to show their non-payment was a choice of priorities, not a necessity.

Conclusion: Taking Control and Enforcing Your Rights

A court order is a promise of stability and fairness. When that promise is broken, it can be frustrating and destabilizing. The Motion for Contempt is the law's answer, providing a structured path to hold a non-compliant party accountable.

While the process is technical and the standards are high, it is not insurmountable. By understanding and meticulously following the requirements of Connecticut Practice Book § 25-27, you can craft a powerful and effective motion. A well-prepared motion, grounded in specific facts and clear evidence, demonstrates to the court that you are serious, organized, and justified in seeking its intervention. You do not have to passively accept non-compliance. The law provides a remedy, and by using it correctly, you can enforce your rights and restore the balance the court intended.