Hingham Contempt Attorney
Handling Complaints, Court Orders, & Contempt Cases in Newton & the South Shore
At Kellem✶Mahoney Family Law & Mediation Group, P.C., we have handled countless Complaints for Contempt in Massachusetts. Our Newton and Hingham family lawyers understand how frustrating it can be when one party fails to follow a well-defined Court Order.
What Is Contempt of Court in Massachusetts?
Once a Court Order is issued (either through Agreement or Court decision), it is assumed that the parties to a family law matter will comply with the terms of the Order for years to come. Unfortunately, this is often not the case. When one party does not fulfill their obligations to the other and violates the existing Court Order, a Complaint for Contempt may be filed.
How to File a Complaint for Contempt in Massachusetts
This Complaint for Contempt form asks the Court to enforce the Order and hold the violating party accountable for their behavior.
Although a Complaint for Contempt May Be Filed Any Time a Court Order Is Not Obeyed, Examples of Violations May Include a Party’s Failure To:
- Pay child support or alimony as ordered
- Follow an established parenting plan
- Maintain health insurance coverage as ordered
- Contribute to uninsured medical expenses as ordered
- Maintain life insurance as ordered
- Contribute to a child’s college expense as ordered
- Cooperate in the transfer of marital assets as ordered
What Happens When You Are in Contempt of Court?
When the Court finds a violating party in contempt, the prevailing party has the option to seek reimbursement of a portion of their legal fees associated with the filing of the action. Although an award of legal fees is not guaranteed, it may serve as a deterrent.
The threat of being found in Contempt (and paying the opposing party’s legal fees) often provides an incentive for people to remain in compliance with their Court Orders.
What Is the Penalty for Contempt of Court in Massachusetts?
Reimbursement of legal fees is not the only possible punishment associated with being found in contempt of court in Massachusetts. An individual could also face jail time, hefty fines, and even changes in custody if they are in contempt of court. Additionally, if violation is found in matters relating to child or spousal support, the court can enforce those payments to be made through wage garnishment. The suspension of one’s drivers license is also a possibility.
It is important to note that clear evidence must be supplied to prove that specific court orders are not being followed or that a violation was made.
If you would like to learn more about this process or how to file a complaint for content, contact the Hingham attorneys at Kellem Mahoney Family Law & Mediation Group, P.C..
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