Contempt Actions in Family Law

Contempt Actions in Family Law

What is a Contempt Action?

In Massachusetts, a Court order carries legal force. If either party fails to comply with a court order, the judge can enforce the ruling. An order can be temporary or a final judgment. The judge enforces it by finding that party “in contempt.” A judge may then impose penalties on that party. A judge has discretion over these penalties. This process is called a contempt action. Massachusetts courts follow Rule 65.3 of the Massachusetts Rules of Civil Procedure when handling these proceedings.

Possible Penalties

In a Contempt Action, the judge can impose several types of penalties on a party held in contempt. Financial penalties may require the party to pay the other party’s legal fees. A custodial penalty can restrict or remove physical or legal custody. In some cases, the judge can also impose jail time.

In Family Court, these penalties usually lean less punitive and more remedial. They aim to compel the defendant to comply with the order, rather than simply punish them.

Common Examples of Non-Compliance

Several actions commonly trigger a contempt finding. A party may fail to pay child support or alimony. Failing to follow a visitation schedule is another common example. Transferring property or other assets late, or not at all, can also lead to a contempt finding.

If a former spouse falls behind on payments, you can learn more about how to request overdue child support payments directly through the state.

For more information on representation in a contempt action, or to schedule a free consultation, please contact Hera Law Group by phone 978-637-2048 or email office@heralawgroup.com.

Practice Areas 209C Actions in Family Court Alimony (Spousal Support) Appeals Child Custody Child Support Contempt Actions in Family Law Divorce Domestic Violence & Restraining Orders Estate Planning Modification Actions in Family Law Guardianships Guardian Ad Litem Investigations LGBTQ+ Representation Mediation & Collaborative Law Paternity Actions in Family Law Prenuptials & Postnuptials Probate Law

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