Complaints for Contempt
Order of the Court is not Just a Suggestion or a Good Idea. When any temporary order or final judgment of divorce is signed by a judge, it becomes an enforceable court order. If the party does not do what he or she is supposed to do under that court order, the aggrieved party must take an affirmative step of filing a complaint for contempt in order for the court to enforce its order. We are experts in handling Massachusetts alimony and child support contempt cases. To be held in contempt, there must be a finding that there is a clear and unequivocal order of the court, that one of the parties has made a clear and undoubted violation or has failed to comply with the order, and that the person charged with contempt had the ability and means to comply. The offender can be ordered to cooperate, face incarceration, and pay the innocent party’s attorney’s fees.
Only a Court Can Change an Order
Once an Agreement is Approved When the judge incorporates an agreement and makes it an order, parties do not have a choice whether or not to abide by or whether to follow the letter of the law. Even if one party doesn’t agree with how the other party is spending the child support money or the visitation schedule that has been set forth, it does not mean that monthly payments can decrease or stop or they can change the parenting schedule. If you are having difficulty collecting the child support or spousal maintenance money you are entitled to, you have the right to seek collections and enforcement measures through the courts. Likewise, if there are other provisions in the court order that the other party is not following you can ask the Court to enforce the provisions of it’s order that are being violated.
Don’t Wait to Take Action
In most cases, simply taking the first steps toward enforcing the order can prevent a bad situation from getting worse. The worst thing you can do is endure unnecessary misery for months without taking any action: A mother having children live in poverty because support isn’t being paid, or a dad having his heart broken because he isn’t able to see the children etc. The longer you wait to have court orders enforced will expose you to financial loss, potential violence or both.
We also represent parties who have been accused of being in contempt of court orders. If you have been charged or threatened, it is not wise to sit back and wait to see what will happen next. Once charged you may face a criminal offense and there are times when even paying your obligation won’t make it go away.
We aggressively pursue and defend Contempt actions in the Family Court. Call Wright Family Law Group today to discuss your situation.