Contempt is the court's power to enforce its own orders. In a Montana family case, a person who disobeys a lawful judgment or order, such as a decree, a parenting plan, or a support order, can be brought back before the court, which may impose sanctions designed to compel compliance or, in some cases, to punish. The general contempt statutes are in Title 3, chapter 1, part 5 of the Montana Code, and unpaid support has its own procedure. This page is part of our Montana Divorce Guide.
What Counts as Contempt
The statute lists the acts that are contempts of the authority of the court. The one that matters most in family court is disobedience of any lawful judgment, order, or process of the court (MCA § 3-1-501(1)(e)). Deceit or abuse of the court's process by a party, and disobedience of a subpoena, are also on the list (MCA § 3-1-501(1)(d), (j)).
Family law statutes point to contempt in several places:
- Agreement terms set out in a decree are enforceable by contempt (MCA § 40-4-201(5)).
- A final parenting plan may include sanctions that apply if a parent fails to follow it, including contempt of court (MCA § 40-4-234(2)(g)).
- If a party fails to comply with the automatic economic restraining order, the other may move for an appropriate order, including sanctions and all remedies for contempt (MCA § 40-4-126(4)).
- A party who disobeys a discovery order may be treated as in contempt (M. R. Civ. P. 37(b)(2)(A)(vii)).
Civil and Criminal Contempt
| Type | Purpose | What the court may do | Source |
|---|---|---|---|
| Civil contempt | The sanction seeks to force compliance with a court order. The person can end the incarceration or avoid the fine by complying. | Incarceration, a fine not to exceed $500, or both, until the act is performed. The act must be within the person's power to perform. | MCA §§ 3-1-501(4), 3-1-520 |
| Criminal contempt | The court's purpose is to punish a specific act and vindicate its authority. The person cannot end the penalty by complying. | Requires proof beyond a reasonable doubt. Criminal procedure generally applies. | MCA § 3-1-501(4), (5) |
| Support contempt | A special civil procedure for failure to pay child support, spousal support, medical or day-care payments due under an order. | For each failure to pay: not more than 5 days in county jail, 120 hours of community service, a $500 fine, or a combination, with a way to purge the contempt. | MCA § 40-5-601(9), (10) |
The line between the two is drawn by the purpose of the sanction. If the court is trying to compel a person to perform an act, it must impose the sanction under the civil provision and may not impose a criminal one (MCA § 3-1-501(4)). There is also a separate criminal offense of criminal contempt for, among other things, purposely disobeying a lawful mandate of a court, punishable by a fine not to exceed $500, up to 6 months in county jail, or both (MCA § 45-7-309). That is a criminal charge, not something one spouse files against the other in the divorce case.
How a Contempt Proceeding Works
A violation of a family court order happens outside the courtroom, so the statute for contempt not committed in the court's presence applies. The process starts with an affidavit of the facts constituting the contempt, presented to the court (MCA § 3-1-512). A warrant may be issued to bring the person charged before the court, and it must be accompanied by an adequate and specific statement of the charge. The answer to the charge is followed by a hearing (MCA § 3-1-513).
At the hearing the court investigates the charge and may examine witnesses for or against the person. The person charged must be given a reasonable opportunity to obtain counsel and to prepare a defense or explanation beforehand, and may testify and call witnesses (MCA § 3-1-518). The judge who issued an order after a hearing on the merits may hear a contempt for violating that order unless it is shown the judge would not be impartial (MCA § 3-1-518(1)).
In practice, a civil contempt hearing centers on whether there was a clear order, whether the person knew of it, whether it was violated, and whether compliance is within the person's power. That last point is written into the penalty statute: the sanction applies to compel an act that is in the power of the person to perform (MCA § 3-1-520).
Contempt for Unpaid Support
When the violation is a failure to pay child support, spousal support, or ordered medical, dental, optical or day-care payments, MCA § 40-5-601 provides a specific procedure. The person owed support files a verified petition, and the district court issues an order requiring the other person to appear and show cause.
The person obligated to pay is presumed to be in contempt on a showing that a support order exists, that the person had actual or constructive knowledge of it, and that the person failed to pay as ordered (MCA § 40-5-601(5)). Certified payment records kept by a clerk of court or an authorized agency are admissible and are prima facie evidence of what was paid and what is owed (MCA § 40-5-601(6)).
The burden then shifts. The person may be excused by showing, by clear and convincing evidence, grounds such as insufficient income, no property that can be sold or pledged, and unsuccessful attempts to borrow, and also that those conditions were not caused by voluntarily staying unemployed or underemployed, transferring property for inadequate consideration, or taking on new debt after the order (MCA § 40-5-601(7), (8)). Any contempt order must give the person a way to purge the contempt, such as a repayment schedule or a job search with reports to the court (MCA § 40-5-601(10)). Related remedies are covered in child support enforcement in Montana and when your ex stops paying.
What Contempt Does Not Do
Contempt is not self-help, and it does not excuse a response in kind. If one party fails to comply with a decree or temporary order, the other party's obligation to make support or maintenance payments or to permit parental contact is not suspended (MCA § 40-4-109). A parent who withholds the children because support is late, or stops paying because parenting time was denied, risks a contempt finding of their own. For parenting plan violations specifically, see when a parent does not follow the plan.
Contempt is also one tool among several. A money obligation in a decree may be collected the way other judgments are. See enforcing a divorce decree.
What to Bring to a Contempt Hearing
Whether you are asking for a contempt finding or answering one, the hearing is about specifics.
- The order itself. A copy of the decree, parenting plan, or temporary order, with the exact provision marked.
- Proof the other person knew of it. A signature on the agreement, proof of service, or presence at the hearing where it was entered.
- A dated record of each violation. For support, the payment history from the clerk or the Child Support Services Division. For parenting time, a calendar of the exchanges that were missed and the messages around them.
- Your efforts to resolve it. Written requests and any use of the dispute resolution process in your parenting plan.
- If you are the one charged: proof of what you did pay or do, and documents showing why you could not comply, such as pay stubs, termination letters, medical records, and loan denials.
- What you want the court to order. A realistic, specific request, such as a payment schedule or make-up parenting time.
Bring originals and copies, keep messages complete and unedited, and leave the children out of it. If the dispute involves threats or violence, anyone in danger should call 911, and the National Domestic Violence Hotline is 1-800-799-7233.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.