Civil and Criminal Contempt

CSSD typically begins considering a case for civil contempt if there has not been a voluntary payment within 60 days. Voluntary payments are payments made by the parent ordered to pay support or that person's employer.

In addition to the non-payment of support, CSSD also reviews to ensure that:

• The case is active.
• CSSD has a current, valid address for the parent ordered to pay support.
• The parent ordered to pay is not receiving Social Security disability benefits.
• The parent ordered to pay is not incarcerated.
• CSSD did not perform a contempt review in the last 60 days and declined to move forward with contempt at that time.

A contempt motion may only be filed in the court that has jurisdiction over the parent who is not paying the ordered support. In other words, the court must have authority over that parent, regardless of the person's location. If the non-paying parent has an out-of-state address, CSSD must identify the court with proper jurisdiction for that location or over that parent. A contempt motion may be able to be filed in DC Superior Court, or CSSD may need to work with the child support agency where the parent lives so that the enforcement matter may be handled as an interstate case.

It is possible to resolve the non-payment issue before the date of the court hearing on the contempt motion.  For this to happen, the parent ordered to pay support must contact CSSD (or that person's local child support agency) and provide:

• A suitable lump-sum payment towards both the arrears and current support
• Documentation of disability or other inability to work
• Documentation of recent unemployment through no fault of that parent

CSSD also recognizes that sometimes circumstances change between entry of the current order and the filing of a contempt motion. In those instances, CSSD encourages parents to contact the CSSD Enforcement Unit case management specialist assigned to the case at (202) 724-2316 for instruction about how to move forward with a review and adjustment conference and, if appropriate, for information about next steps to "right size" the order based on the current situation for both parents.

Generally, CSSD will review a case for criminal contempt action when the following requirements have been met:

• Appropriate administrative enforcement actions fail to collect overdue support.
• The parent ordered to pay support has not made significant voluntary support payments within the 3 months preceding the criminal contempt referral date.
• There is a good faith basis to believe that the non-paying parent has the ability to pay child support.

In deciding whether to move forward with criminal contempt in cases that meet the basic requirements set out above, CSSD also typically reviews to determine if any of the following apply:

• No current support is owed; the case is for arrears only.
• The child has not emancipated and now is living with the parent ordered to pay support.
• The non-paying parent was receiving TANF or SSI during the period of nonsupport and is receiving TANF or SSI at the time a criminal contempt action is being considered.
• The non-paying parent was incarcerated during the period of nonsupport or currently is incarcerated and has no income or assets to pay support.
• The non-paying parent was receiving inpatient drug or mental health treatment during the period of nonsupport or currently is receiving inpatient drug or mental health treatment and has no income or assets to pay support.
• The parent ordered to pay support has an active wage withholding order, and payments are being received.

CSSD also recognizes that sometimes circumstances change between entry of the current order and the filing of a contempt motion. In those instances, CSSD encourages parents to contact the CSSD Enforcement Unit case management specialist assigned to the case at (202) 724-2316 for instruction about how to move forward with a review and adjustment conference and, if appropriate, for information about next steps to "right size" the order based on the current situation for both parents.

A contempt motion may only be filed in the court that has jurisdiction over the parent who is not paying the ordered support. In other words, the court must have authority over that parent, regardless of the person's location. If the non-paying parent has an out-of-state address, CSSD must identify the court with proper jurisdiction for that location or over that parent. A contempt motion may be able to be filed in DC Superior Court, or CSSD may need to work with the child support agency where the parent lives so that the enforcement matter may be handled as an interstate case.

It is possible to resolve the non-payment issue before the court hearing on the contempt motion.  For this to happen, the parent ordered to pay support must contact CSSD (or that person's local child support agency) and provide:

• A suitable lump-sum payment towards both the arrears and current support
• Documentation of disability or other inability to work
• Documentation of recent unemployment through no fault of their own.

The court may order any of the following if a parent is found to be in contempt of court:

• A jail term of up to 180 days
• Participation in a rehabilitative program
• Acceptance of appropriate and available employment, or participation in job search and placement activities
• Probation
• Any other action the court may direct