Contempt

Massachusetts Contempt

When the Court Enters a Judgment, the Litigation is not Necessarily Over

Enforcing Court Orders

Judgments and temporary orders entered in family court are not negotiable. The Court expects strict compliance with these orders, and they are not mere suggestions. Each order spells out the rights and obligations of the parties. If someone ignores the order, the Court can step in to enforce it. A party cannot refuse compliance simply because they dislike the judge’s ruling.

Common contempt actions arise when one party fails to pay child support, falls behind on alimony, avoids reimbursing uninsured medical or dental expenses, or neglects to contribute toward children’s extracurricular activities. Other frequent issues include disputes over health insurance premiums, interference with parenting time, blocking phone calls with children, or disregarding joint custody decisions.

Consequences of Contempt

The Massachusetts Probate and Family Court enforces judgments and orders through contempt actions. Although most contempt cases are civil, they can still carry serious consequences. For example, a judge can jail someone for up to 30 days for failing to pay child support. More often, the Court imposes attorney’s fees or monetary sanctions. The goal is not to punish but to ensure compliance with the Court’s rulings.

The Burden of Proof

The plaintiff who files a complaint for contempt must prove that the defendant disobeyed a clear and unambiguous order. The Court requires the language of the order to be straightforward so a reasonable person can understand it. Once the plaintiff meets this burden, the Court examines the defendant’s actions or inaction to determine the proper remedy.

When Orders Are Unclear

Sometimes an order may contain vague language. In those cases, parties might not fully understand their obligations. Before running to Court, it is best to clarify the confusion and attempt resolution. If the dispute continues, a party may need to file a contempt complaint or, if the language is too ambiguous, seek a modification to clarify the order.

Protecting Your Rights

If you have been served with a complaint for contempt, or if your ex refuses to comply with a judgment, you need an advocate in Court. A lawyer ensures the judge understands the facts of your situation and the order’s language. Call us today at 978-851-2291 or contact us online to schedule a consultation. We offer flexible appointment times at our centrally located Tewksbury office, near Route 93 and Route 495. We proudly serve clients throughout Middlesex and Essex County.

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