To file a contempt action in Missouri, you need a Motion for Contempt, sometimes titled a Motion for Order to Show Cause. Missouri contempt of court forms are available for free on the Missouri Courts website and at the Circuit Clerk’s office in the county where your original order was entered, and that same clerk’s office is where you file the completed motion under the existing case number.1Missouri Courts. Court Forms
Where to Get the Forms
The Missouri Courts website maintains a forms library that includes the standardized motions used in family law enforcement proceedings.1Missouri Courts. Court Forms Your local Circuit Clerk is the other reliable source. Many clerks keep printed copies at the counter, and some judicial circuits publish their own versions online with local formatting already built in.
Before you fill anything out, call the clerk in the county where the original order was entered. Some circuits have local rules requiring additional information or particular formatting, and using a form that doesn’t match those rules is the fastest way to have a filing rejected. Confirm you have the current version.
The motion does not open a new case. It is filed under the existing case number from the order you are trying to enforce.
What the Motion Has to Say
A contempt motion needs to do three things: identify the order that was violated, describe exactly what the other party did or failed to do, and tell the court what you want.
Identify the Original Order
Cite the order by case number, the judge who entered it, and the date it was entered. If the order has been modified since, use the most recent version. Vague references to “the custody order” without these details slow the case down.
Describe the Violation Specifically
This is the part motions most often fall short on. General allegations aren’t enough. For unpaid child support, list every missed payment by date and amount and give the total arrearage. For custody violations, identify the specific dates and the specific provisions of the parenting plan that weren’t followed.
You carry the initial burden of showing noncompliance. Once you do, the burden shifts to the respondent to explain why compliance was impossible. In criminal nonsupport cases, Missouri statute treats inability to pay as an affirmative defense the defendant must prove by a preponderance of the evidence, and “good cause” doesn’t apply if the person deliberately keeps themselves unable to pay.2Missouri Revisor of Statutes. Missouri Code 568.040 – Nonsupport Civil contempt follows the same logic in practice: you show the violation, they explain why they couldn’t comply.
State the Relief You Want
Be specific. Realistic, detailed requests carry more weight than sweeping ones. Common items include:
- Payment of the full arrearage, with a proposed catch-up schedule if a lump sum isn’t realistic.
- Incarceration until compliance, which the court will pair with a purge condition — a set amount or action that ends the jail time.
- Attorney fees and costs. Missouri law authorizes courts to order the noncomplying party to pay reasonable legal costs in child support enforcement proceedings, and the court is required to award these fees if it finds the obligor failed to pay without good cause.3Missouri Revisor of Statutes. Missouri Code 452.355 – Attorney Fees, Awards
Filing Fees
Missouri circuit courts generally charge a filing fee for contempt motions, and the amount varies by county. As one example, the 5th Judicial Circuit (Andrew and Buchanan Counties) lists contempt filing deposits at roughly $93 to $99, with a small surcharge for domestic relations cases.45th Judicial Circuit Court. Cost Deposits Ask your local Circuit Clerk for the current figure before you file.
Service fees are separate from filing fees. Missouri sheriffs collect a statutory fee for serving civil papers; in Cole County, service of a show cause order runs $50 as of late 2025.5Cole County, MO. Service Fees A private process server may charge more or less. If the court finds the respondent in contempt for failing to pay child support, you can ask the court to order reimbursement of these costs as part of your relief.
Serving the Other Party
Once the court reviews the motion and finds enough basis to proceed, it issues an Order to Show Cause. That order sets a hearing date and directs the respondent to appear and explain why they should not be held in contempt.6Jefferson County, MO. Civil Contempt Missouri law requires notice to the respondent before any sanctions can be imposed when the contempt didn’t happen in the court’s immediate presence.7Missouri Revisor of Statutes. Missouri Code 476.130 – Contempt, How Punished
You are responsible for getting the motion and show cause order delivered. You can’t do it by mail. You can’t hand it to them yourself. The respondent must be personally served by the county sheriff’s department or by a specially appointed process server.8Missouri Revisor of Statutes. Missouri Code 57.280 – Sheriff to Receive Charge, Civil Cases In child support contempt cases, service must be completed at least seven days before the hearing.6Jefferson County, MO. Civil Contempt
After service, whoever completed it has to file proof with the Circuit Clerk. The sheriff files a return of service. A privately appointed server files a signed and notarized affidavit confirming service was completed and that required fees were paid.8Missouri Revisor of Statutes. Missouri Code 57.280 – Sheriff to Receive Charge, Civil Cases Without this proof on file, the court will not proceed with the hearing.
What Happens After You File
At the show cause hearing, you present evidence that the order exists and that the respondent didn’t follow it. The respondent gets a chance to explain. Both sides can offer documents and testimony, and the judge often asks direct questions about current finances and employment.
Missouri courts commonly don’t jump straight to jail in child support cases. Judges often let the respondent begin making payments and build a record of compliance, continuing the hearing to a later date to check progress.6Jefferson County, MO. Civil Contempt That kind of continuation can happen more than once. If the respondent still refuses to comply, the court can find them in contempt and impose sanctions, which may include fines, jail time in the county jail, or both.9Missouri Revisor of Statutes. Missouri Code 476.120 – Punishment for Contempt
Because most family enforcement contempt is civil rather than criminal, any jail sentence has to come with a purge condition: a specific action the respondent can take to end incarceration immediately, usually payment of a set amount. The purge has to be something the respondent can actually do. Support proceedings for failure to pay court-ordered support and maintenance fall on the civil side of Missouri’s contempt framework.9Missouri Revisor of Statutes. Missouri Code 476.120 – Punishment for Contempt
If You Were Served With a Contempt Motion
The forms and process above are for the person filing. If you received a show cause order, the response is different: file a written answer or objection with the Circuit Clerk before the hearing, addressing each allegation individually, and appear on the hearing date. Not showing up can result in a bench warrant and a default finding of contempt. The strongest defense in civil contempt is genuine inability to comply, backed by documentation such as pay stubs, termination letters, medical records, or bank statements. That defense doesn’t work if you created the inability yourself, for instance by quitting a job to avoid paying support or hiding income.2Missouri Revisor of Statutes. Missouri Code 568.040 – Nonsupport