To bring an Idaho motion for contempt against someone who has disobeyed a court order, you file three documents in the county where the original case was decided: a written motion, a sworn affidavit that lists each violation separately with specific facts, and a notice of hearing. The process is governed by Idaho Rule of Civil Procedure 75, and the filing fee is $85.1Idaho State Legislature. Idaho Code 31-3201A – Court Fees Most contempt filings arise in family law cases involving unpaid child support or ignored custody schedules, and penalties can reach a $5,000 fine, jail time, or both.
When Contempt Applies
Idaho Code Section 7-601 defines contempt to include disobedience of any lawful judgment, order, or process of the court.2Idaho State Legislature. Idaho Code 7-601 – Contempts Defined That is the provision that reaches a former spouse who stops paying child support, a parent who ignores the visitation schedule, or anyone else who defies a directive a judge has signed.
Idaho splits contempt into two categories, and the distinction matters at the hearing. Civil contempt is designed to force compliance: the sanction is conditional, and the other party can avoid it by doing what the order required, such as paying overdue support. Criminal contempt is punitive; the sanction stands regardless of later compliance.3Idaho Legal Aid Services. How to File for a Motion for Contempt Most family law filings seek civil sanctions, but the judge has discretion to impose criminal ones when the violation is severe or repeated.
The Three Documents You Need to File
IRCP 75(c)(2) requires contempt proceedings brought by a private party to be started with a motion and affidavit. An order to show cause cannot be used.4Idaho Courts. Idaho Rules of Civil Procedure The Idaho Court Assistance Office at courtselfhelp.idaho.gov provides standardized forms for family law contempt. You can draft your own if the forms don’t fit your situation, as long as you follow the rule.
The Motion
The motion is a short document that formally asks the court to hold the other party in contempt. It identifies the court order being violated by date and subject matter, states that the other party had notice or knowledge of the order, and generally describes what they failed to do. Detailed proof goes in the affidavit, not here.
The Affidavit
The affidavit is where your case gets made. Under IRCP 75(c)(3), it must allege the specific facts constituting the contempt and set forth each instance separately.4Idaho Courts. Idaho Rules of Civil Procedure Number each violation as its own paragraph. If you’re alleging twelve missed support payments, that’s twelve paragraphs, each with the due date, the amount owed, and what was actually paid.3Idaho Legal Aid Services. How to File for a Motion for Contempt
The affidavit must also state that the other party (or their attorney) was served with a copy of the order or had actual knowledge of it.4Idaho Courts. Idaho Rules of Civil Procedure Without that, the motion fails.
One thing the rule does not require: an allegation that the failure to comply was willful.4Idaho Courts. Idaho Rules of Civil Procedure You describe what happened; the judge decides willfulness at the hearing. Stick to provable facts.
Because the affidavit is sworn testimony, you sign it under oath. Idaho Code Section 9-1406 lets you use a certification under penalty of perjury instead of appearing before a notary. The language reads: “I certify under penalty of perjury pursuant to the law of the State of Idaho that the foregoing is true and correct.”5Idaho State Legislature. Idaho Code 9-1406 – Certification or Declaration Under Penalty of Perjury Standardized forms include this at the bottom. If notarization is required instead, any bank, shipping store, or courthouse notary can witness your signature.
Notice of Hearing
IRCP 75(c)(4) requires a written notice telling the other party the time, date, and place they must appear to answer the charge. Some courts provide a fill-in-the-blank form. Check with the clerk’s office to find out whether they assign the hearing date at filing or whether you need to schedule it with the judge’s clerk first.
Evidence to Assemble
Before drafting, pull together the paperwork you’ll rely on. You need a copy of the original court order — the signed judgment, decree, or stipulated agreement — and records showing the other party knew about it and chose not to comply.
For unpaid support, bank statements and payment records showing what was due and what was actually paid. For custody violations, a calendar noting each missed exchange, along with any texts or emails where the other parent confirmed they wouldn’t show up or gave an excuse. Screenshots should show the sender’s name or number, the date, and the full thread. Organize everything chronologically so the judge can follow the pattern without hunting through loose documents.
Filing and Serving
File the originals with the Clerk of the Court in the county where the original case was filed. The clerk opens the contempt proceeding inside the existing case. The filing fee is $85 under Idaho Code Section 31-3201A.1Idaho State Legislature. Idaho Code 31-3201A – Court Fees If you can’t afford it, file a Motion and Affidavit for Fee Waiver (form CAO FW 1-9) asking the court to waive it.6Ada County Clerk. Fee Waiver
How you serve the other party depends on whether they are already a party to the pending case. In most family law situations they are, and you can serve them under IRCP Rule 5(b) by mail, hand delivery, or electronic service, unless the judge orders personal service. If the person is not already a party, you must use formal personal service under Rule 4, meaning a sheriff, process server, or other authorized person delivers the papers.4Idaho Courts. Idaho Rules of Civil Procedure
Service must happen at least seven days before the hearing unless the court sets a different deadline. Keep the certificate of service or return of service and file it with the court before the hearing.
What Happens at the Hearing
At the initial appearance, the judge reads the charge, explains possible sanctions, and informs the other party of their rights, including the right not to make a statement, the right to a trial, and the right to confront witnesses.3Idaho Legal Aid Services. How to File for a Motion for Contempt
From there the case goes one of two ways. If the other party admits contempt, the judge confirms the admission is voluntary and informed and usually imposes sanctions on the spot. If the other party denies it, the court schedules a trial roughly two weeks out, and the other party has seven days to file any written defenses.3Idaho Legal Aid Services. How to File for a Motion for Contempt
At trial you present your evidence and witnesses. The other side cross-examines and puts on their own case. The judge decides whether contempt has been proven and, if so, what sanctions to impose.
Penalties the Court Can Impose
Idaho Code Section 7-610 sets the baseline sanction: a fine of up to $5,000, imprisonment of up to five days, or both. When the contempt involves a child support order, the judge can add up to 30 days of jail on top of the fine.7Idaho State Legislature. Idaho Code 7-610 – Judgment – Penalty
Family law contempt carries additional penalties by statute:
- For child support delinquency, the court can order the parent to participate in work activities (in cases involving public assistance) and can suspend their professional, occupational, or driver’s license.8Idaho State Legislature. Idaho Code 7-612 – Additional Penalties for Child Support Delinquency
- For visitation violations, the court can suspend the violating party’s license.9Idaho State Legislature. Idaho Code 7-613 – Additional Penalties for Failing to Comply With an Order Providing Visitation With a Minor Child
The court also has discretion to award attorney’s fees and costs to the party who prevails.7Idaho State Legislature. Idaho Code 7-610 – Judgment – Penalty If you hire a lawyer and prove contempt, you may recover what you spent.
Civil sanctions are conditional and can be avoided by complying with the original order, such as catching up on missed payments. Criminal sanctions are unconditional. Judges often start with civil sanctions to give the other party a chance to comply before escalating.3Idaho Legal Aid Services. How to File for a Motion for Contempt
Defenses to Anticipate
Knowing what the other party is likely to argue helps you write a stronger affidavit.
- Inability to comply. The most common defense in child support cases. The other party claims they simply could not pay because of job loss, medical emergency, or other hardship. To succeed, they must show a present inability to comply and a genuine effort to meet the obligation. Evidence that they were earning income, making discretionary purchases, or refusing to look for work weakens the defense considerably.
- Vague or ambiguous order. A court order must be clear enough that a reasonable person would know what it requires. An order that says “reasonable visitation” without dates and times invites this argument. Attaching the original order to your motion lets the judge see for themselves whether the language is specific enough to support a contempt finding.
- Lack of knowledge. The other party claims they never received the order or didn’t know about the specific requirement. Your affidavit’s allegation of service or actual knowledge answers this, but back it up with documentation.
Written defenses are due within seven days after the initial hearing if the other party pleads not guilty.3Idaho Legal Aid Services. How to File for a Motion for Contempt Documenting income, attaching proof of service, and quoting specific language from the order in your affidavit answers these arguments before they land.