Contempt is the court’s power to enforce its own orders. When you are hurt by your spouse’s disregard of a court order, one solution is to have your spouse declared in contempt. A court ruling that your spouse is in contempt has considerable impact. Contempt can result in jail time in addition to fines. Being found in contempt in a divorce action can also affect your spouse in the proceedings, presenting him or her, rightly or wrongly, as the person wearing the black hat in any later disputes.

A person cannot be held in contempt for violating an order he or she doesn’t have the ability to comply with. If your spouse doesn’t have any money available, he or she can’t be found in contempt for non-payment even though a valid, specific order is on record.

When you file, you are the “moving party” and have the burden of proof before the court to prove someone is in contempt. It is your presentation, not the court’s. A complete mini-trial is involved. The time and expense is significant, although you could get an order for your reasonable fees and costs if you can prove the contempt.

Don’t consider bringing anything other than an absolutely solid case when you allege contempt of court. Your opposition will likely be uncommonly vigorous because of the stigma of the citation and the possibility of going to jail. Be prepared for your spouse to raise defenses that you never imagined in order to excuse noncompliance with the order.

Nonpayment of court-ordered support is the most common contempt action. It’s easier to prove than other violations and directly seeks to recover unpaid support. However, be certain you can prove the facts that show your spouse could have paid the support.

In many cases, a non-paying spouse will be given a chance by the court to resolve the contempt, as is usually done, by paying the entire overdue amount within thirty days. Otherwise, that party could go to jail for a period of time to be determined at the next hearing.

A less common contempt action is brought when a person violates personal restraining orders. For example, Husband and Wife are ordered to stay away from the other’s residence and place of business. Such orders are quite common, but there are many intervening steps before a person can be found in contempt. Those steps include: the strong language of the orders, written warnings, letters demanding compliance, warnings by attorneys, court appearances, warnings by the judge and calls to the police. These steps work to reduce the percentage of such orders that are actually violated and turn into contempt citations.

One essential problem with restraining-order cases is they are harder to prove than support cases and do not resolve any unpaid support issues. If you are considering filing a “personal feud” as a citation for contempt, remember that you will need credible, usually disinterested, witnesses to win.

If you’re the party FILING the Complaint…

If you’re the party who was SERVED the Complaint…

A person who is not receiving child support, alimony or any other provision of an order by the court has the right to file a Complaint for Contempt to enforce the judge’s order. The person who files the Complaint for Contempt is called the plaintiff and the other party is called the defendant.

If you are the plaintiff, here are the steps you’ll need to take:

1.  Review the court order to see exactly what the other party was ordered to do.

2.  If possible, contact the other party to see if you can resolve your dispute.

3.  Representing yourself is not a wise move…consult with and hire a qualified attorney.

4.  Work with your attorney to file a Complaint for Contempt.

5.  Have a copy of the complaint, along with a summons to court, served on the defendant.

6.  With your attorney, prepare for your hearing. Gather and organize all the documents that you have to support your claim.

7.  File, then exchange copies, of financial statements with the other party.

8.  Have your attorney clearly state to the judge what remedy you are seeking.

What to Expect With Support-Related Complaints:

If your complaint revolves around unpaid support, there may be circumstances that have rendered the defendant unable to pay the court’s order. 

In some cases, the judge may find this to be important because in order to be held in contempt, the judge must find that there is (1) a clear and unequivocal order by the court, (2) a clear and undoubted violation or failure to follow such order, and (3) that the defendant had the ability to comply with said order.

If the payor defendant does not have a job, some Probate & Family Court Judges may order him or her to apply for a certain number of jobs per week (usually ten or more) and report their job search efforts to the court.

In most cases, the judge makes a judgment before you leave the courtroom. Sometimes, however, the judge takes the matter “under advisement” which means he or she wants more time to determine how they are to rule on the matter.

As the person who filed the complaint, you may want to have assurances that the defendant does, in fact, what is ordered. Accordingly, you may ask for and the judge may set a “review date” for hearing on the case to make sure the defendant obeys the order.

If the defendant fails to appear in court altogether, a warrant for his or her arrest will normally be issued.

Alternatively, if you are the custodial parent and are in dire need because you are being evicted or lost your job, this could affect the judge’s decision about when the money owed to you should be paid.

Attorney Irwin M. Pollack, or any of the attorneys at The Massachusetts Family Law Group, would be happy to discuss your contempt matter during a no-obligation consultation in Norwood, Andover, Worcester, Springfield, Plymouth or Cape Cod.  Contact us or call (800) 910-DIVORCE.

Contempt cases are serious matters and a judge has broad powers to enforce the court’s orders. A judge can send a person who violates an order to jail, in addition to other penalties. If you’ve just been served, here are the steps to take:

1.  Review the complaint to determine what is being alleged of you.

2.  Consult with and retain a qualified attorney.

3.  Within (7) days of receiving the complaint, make sure your attorney files your answer.

4.  Appear at the court hearing with any documents that prove your case.

Important Notes

If you lose your job or your pay is drastically reduced, you are still obligated to pay the support order. To avoid owing a debt and being held in contempt, you must go back to court to reduce the order.

If the judge finds that you quit a job or are voluntarily unemployed or underemployed, the judge can attribute income to you based on what you could be earning, and then hold you in contempt of court for violating the support order.

In some cases, the judge could order you to go to jail unless you pay the unpaid balance by a certain date. 

Finally, the court may also impose other sanctions as punishment if the judge deems it appropriate. Attorney’s fees are often awarded in cases involving frequent problems or bad faith.

Attorney Irwin M. Pollack, or any of the attorneys at The Massachusetts Family Law Group, would be happy to discuss your contempt matter during a no-obligation consultation in Norwood, Andover, Worcester, Springfield, Plymouth or Cape Cod.  Contact us or call (800) 910-DIVORCE.