Contempt of court is a serious issue in family law cases that can have significant consequences for the parties involved. As Massachusetts family law attorneys, we discuss what it means to be held in contempt of court, provide relevant information specific to Massachusetts laws and regulations, and offer a few examples and potential remedies for typical contempt situations.

What is Contempt of Court?

Contempt of court occurs when an individual willfully disobeys a court order or shows disrespect to the judicial process. In the context of family law, this often involves violations of orders related to child support, alimony, custody, visitation, or property division. Contempt can be either civil or criminal, with different implications and remedies for each.

Civil vs. Criminal Contempt

• Civil Contempt: The primary purpose of civil contempt is to compel compliance with a court order. It often involves sanctions such as fines or imprisonment until the offending party complies with the order.
• Criminal Contempt: Criminal contempt is punitive and seeks to punish behavior that disrespects or defies the authority of the court. It can result in fines, imprisonment, or both.

Massachusetts Laws and Regulations

In Massachusetts, contempt proceedings are governed by specific statutes and rules. According to Massachusetts General Laws Chapter 215, Section 34, the Probate and Family Court has the authority to enforce its orders through contempt proceedings. The Massachusetts Rules of Domestic Relations Procedure also provide guidelines for filing and prosecuting contempt actions.

Typical Contempt of Court Situations in Family Law

Child Support Non-Payment

One of the most common forms of contempt in family law is the failure to pay court-ordered child support. When a parent does not meet their financial obligations, it can severely impact the well-being of the child.

Example: John is ordered to pay $500 per month in child support to his ex-wife, Mary. After several months of non-payment, Mary files a contempt action against John. The court finds that John has willfully failed to comply with the support order and holds him in contempt.

Remedy: John may be ordered to pay the overdue amount, along with interest and penalties. The court may also impose sanctions such as wage garnishment or, in extreme cases, imprisonment until he complies with the order.

Violation of Visitation or Custody Orders

Another common issue is the violation of visitation or custody arrangements. This can include denying the other parent their court-ordered visitation time or failing to adhere to the agreed-upon custody schedule.

Example: Sarah has primary physical custody of her daughter, Emily, while her ex-husband, Tom, has visitation rights every other weekend. Sarah repeatedly prevents Tom from seeing Emily on his designated weekends. Tom files a contempt action, and the court determines that Sarah is in contempt of the visitation order.

Remedy: The court may order make-up visitation time for Tom, modify the custody arrangement, or impose fines on Sarah. Continued non-compliance could lead to more severe penalties.

Non-Compliance with Alimony Orders

Failing to pay court-ordered alimony can also result in a finding of contempt. This can cause financial strain and hardship for the recipient.

Example: Mark is ordered to pay alimony to his ex-wife, Lisa, but stops making payments without a valid reason. Lisa files a contempt action, and the court finds that Mark has willfully disobeyed the alimony order.

Remedy: Mark may be ordered to pay the overdue alimony, along with interest and legal fees. The court may also impose additional sanctions to ensure future compliance.

Potential Remedies for Contempt

When an individual is found in contempt, the court has several remedies at its disposal to enforce compliance:

• Fines: The court may impose monetary fines as a penalty for non-compliance.
• Imprisonment: In extreme cases, the court may order imprisonment until the offending party complies with the court order.
• Wage Garnishment: The court may order the garnishment of wages to ensure payment of child support or alimony.
• Modification of Orders: The court may modify custody or visitation orders to ensure the best interests of the child are met.

Massachusetts Family Law Attorneys

If you believe that you or your ex-spouse may be in contempt of court, it is essential to seek legal advice. Contempt proceedings can be complex, and having an experienced family law attorney on your side can make a significant difference. Our attorneys are here to help you navigate this process and protect your rights. Contact us today for a case evaluation over the phone and to discuss your options.