Complaint for Contempt

Oftentimes, something happens after a divorce is finalized that prompts one spouse to file a Complaint for Contempt alleging the other is in violation of a Judgement or Order. The enforcement mechanism for rectifying a situation in which one party willfully violates a Court Order is a contempt proceeding. It need not be filed for every violation; however, when necessary, the contempt process can obtain compliance with the Court Order.

For example, Jeff Ineedajob was out of work, but he just found new employment. He is required to pay Susan $400.00 per week in child support, but has only made seven support payments in the past 12 weeks, and thus is $2,000.00 in arrears. Susan could file a Complaint for Contempt against Jeff for not complying with the Court Order. To prevail in her contempt proceeding, Susan must show Jeff not only violated the Order, but also that he knew of the Order and had the capability to comply with it. If Jeff can show, for example, that he was out of work and had no income for the five weeks he did not make the payments, or if Jeff substantiates he paid on Susan’s behalf a $2,000.00 car repair bill that she requested instead of paying the support, Jeff may not be in contempt.

The judge can require that a party found in contempt pay the legal fees of the person who filed the contempt. The rationale is the person bringing the contempt incurred legal fees solely as a result of the other party’s willfully violating a Court Order. Had the Order been followed, the party would not have had to incur legal fees. In a contempt proceeding the judge will issue Orders to appropriately remedy the situation. The judge can include repayment of the arrears, paying of the other side’s reasonable attorney fees, implementation of a wage garnishment, etc. The judge can even impose a jail sentence on the violating party in extreme circumstances. Whether you are dealing with someone not complying with your Court Order or have been served with a Complaint for Contempt, you need an attorney to represent you who understands Massachusetts divorce and family law.

The Law Firm of Ullian & Associates, P.C., is dedicated to helping our clients resolve their legal issues efficiently and effectively.  You can contact us online or call 781-848-5980 to schedule your free initial consultation.