How to File Form FL-410 Without an Attorney — California Child Support Contempt Motion Step by Step

Form FL-410 — Order to Show Cause and Affidavit for Contempt — is available free at courts.ca.gov. Filing a contempt motion for child support non-payment does not require an attorney. Family court self-help centers in every California county provide free assistance. Here is the complete step-by-step process.

Step 1: Gather Your Documentation

Before filing anything, you need:

• A certified copy of the court order requiring support
• Your payment ledger from DCSS showing exactly which months were unpaid and in what amounts
• Any evidence of the payer’s ability to pay (employment records, social media, lifestyle evidence)
• Dates of any prior enforcement attempts

Step 2: Complete Form FL-410

Download Form FL-410 from courts.ca.gov. In the affidavit section, list each month of non-payment separately — each one is a separate count. Be specific: “For the month of [MONTH], $[AMOUNT] was due. No payment was received.” Repeat for every month in default.

Step 3: File in the Issuing Court

File in the family court that issued the original support order. Pay the filing fee (or request a fee waiver using Form FW-001 if income-qualified). The court clerk stamps your copies and sets a hearing date — typically 4–8 weeks out.

Step 4: Personal Service Required

Contempt motions cannot be served by mail. The payer must be personally served by someone over 18 who is not you. A registered process server ensures proper service and provides a Proof of Service. This is critical — defective service can result in a dismissal.

Step 5: Attend the Hearing

Bring originals and two copies of everything: the support order, your payment ledger, and any evidence of the payer’s ability to pay. Present each count calmly and specifically. The burden is on the payer to explain why non-payment was not willful.

Educational use only. Not legal advice. Justice Foundation.