If a party fails to follow a court order in a family law case, filing a contempt action may be necessary to enforce compliance. In Massachusetts and New Hampshire, contempt proceedings can address violations of custody agreements, child support orders, alimony payments, and other court-mandated obligations. At The Law Offices of Robert P. Luber, our contempt lawyer, is dedicated to protecting your rights and ensuring court orders are upheld. Whether you need to file a contempt complaint or defend against one, we provide strategic legal guidance tailored to your situation. Call (978) 224-1190 today for a free consultation and take the first step toward resolving your legal concerns.
Understanding When to Pursue a Contempt Action in Massachusetts or New Hampshire Family Court
In family law cases, court orders are legally binding. When one party fails to follow them, it can create frustration, financial strain, and legal complications. In Massachusetts and New Hampshire, a contempt action is the legal process used to enforce compliance with court orders. Whether the issue involves unpaid child support, failure to abide by a custody agreement, or nonpayment of alimony, contempt proceedings can help hold the noncompliant party accountable. Understanding what constitutes contempt and knowing when to take legal action is crucial for protecting your rights.
What Contempt Means in Massachusetts and New Hampshire Family Law
Contempt in a family law case occurs when a party willfully disobeys a court order. The order must be clear, specific, and unambiguous. If there is any uncertainty in the language, a judge may not find the noncompliant party in contempt. The person bringing the complaint, known as the plaintiff in Massachusetts or petitioner in New Hampshire, must prove that the other party had the ability to comply but chose not to do so.
There are two types of contempt: civil and criminal. Most family law contempt cases are civil, meaning they aim to compel compliance rather than punish the violating party. However, in extreme cases, a judge may impose fines or even jail time if someone refuses to follow a court order.
Common Reasons for Filing a Complaint
Contempt cases arise in many different family law matters. Some of the most common reasons for filing include:
- Unpaid Child Support – When a parent falls behind on child support payments despite having the means to pay, contempt proceedings can help enforce the order and recover past-due amounts.
- Violation of a Custody or Visitation Order – If one parent prevents the other from exercising their court-ordered parenting time, contempt may be necessary to restore access to the child.
- Failure to Pay Alimony – A person ordered to pay alimony who stops making payments without seeking a modification may be held in contempt.
- Refusal to Divide Marital Assets as Ordered – If a party refuses to transfer assets or sell property per a divorce decree, contempt may be pursued.
- Failure to Maintain Health Insurance – When an order requires a party to provide health insurance for a child or former spouse and they fail to do so, contempt may be an option.
The Process for Filing a Contempt Complaint
Filing a contempt complaint begins with submitting the necessary paperwork to the Probate and Family Court that issued the original order. The key steps in the process include:
- Filing the Complaint – The plaintiff must complete a Complaint for Contempt form and file it with the court. A filing fee is required unless the plaintiff qualifies for a fee waiver.
- Serving the Defendant – The other party, known as the defendant, must be formally served with a copy of the complaint and a summons. This ensures they are aware of the claim and have the opportunity to respond.
- Attending the Contempt Hearing – Both parties will attend a hearing where the plaintiff presents evidence showing that the defendant failed to comply with the court order. The defendant will have the chance to provide a defense.
- Judge’s Decision – If the judge finds the defendant in contempt, they may order corrective actions such as immediate payment, wage garnishment, or other enforcement measures. In cases of repeated or severe violations, penalties may include fines or jail time.
Defenses Against a Contempt Complaint
A person accused of contempt has the right to present a defense. Common defenses include:
- Lack of Ability to Comply – If a person can prove they were financially unable to make payments despite reasonable efforts, the court may not hold them in contempt.
- Ambiguous or Unclear Court Order – If the original order was vague or open to interpretation, the judge may decide that contempt is not warranted.
- Compliance with the Order – If the accused party can prove they followed the order as required, the complaint may be dismissed.
- Modification of the Order – If a person had a legitimate reason to seek a modification and took steps to adjust the order before falling out of compliance, the court may consider this in its decision.
When to Take Legal Action for Contempt
Deciding when to file for contempt depends on the severity and impact of the violation. If the noncompliant party’s actions are causing financial harm, preventing access to children, or repeatedly disregarding court orders, legal action may be necessary. Before filing, it can be helpful to:
- Gather documentation proving the violation, such as bank statements, emails, text messages, or witness statements.
- Attempt informal resolution, if possible, by discussing the issue with the other party or through mediation.
- Consult an experienced family law attorney to determine if a contempt complaint is the best course of action.
How a Family Lawyer Can Help
Contempt cases require strong legal arguments and clear evidence. A family law attorney can guide you through the process, ensuring you meet the legal requirements for proving contempt. They can also advocate for your rights in court and help you obtain the enforcement needed to uphold the original order. If you are defending against a contempt complaint, an attorney can present your case and provide legal strategies to protect you from unfair penalties.
If someone is violating a family court order in Massachusetts, contempt proceedings may be the best way to enforce compliance. Understanding when to take action and how the legal process works is key to protecting your rights. Whether you need to file for contempt or defend against an accusation, seeking legal guidance can make a significant difference in the outcome of your case. Consulting with an experienced family law attorney can help you navigate the complexities of contempt law and achieve a resolution that upholds your best interests.
Resolve Your Legal Dispute with a Contempt Attorney
If you are facing a contempt issue in Massachusetts or New Hampshire, having knowledgeable legal representation is essential to protecting your rights and securing the best possible outcome. Whether you need to enforce a court order or defend against a contempt complaint, The Law Offices of Robert P. Luber is here to help. Our dedicated legal team understands the complexities of contempt proceedings and will provide the strong advocacy you need. Call (978) 224-1190 today for a free consultation, and let us guide you through the legal process with confidence and clarity.
