When a Massachusetts Probate and Family Court enters an order or judgment, the parties are expected to follow it unless the court later modifies, vacates, or stays the order. When a party fails to comply, a Complaint for Contempt can provide a way to ask the court to enforce its existing order.
Contempt proceedings can arise during a pending Massachusetts divorce or years after a divorce or other family law judgment has entered. Common disputes involve unpaid child support or alimony, violations of custody or parenting-time provisions, failure to transfer property, and other failures to perform obligations required by a court order.
A contempt case is different from a modification. Contempt asks the court to enforce an existing obligation, while a modification asks the court to change an obligation when Massachusetts law permits it. A person generally should not simply stop complying with an order because they believe it is unfair or no longer appropriate.
What Is Contempt in Massachusetts Family Court?
Civil contempt in Massachusetts is a court proceeding used to enforce a clear and unequivocal court order when a party has failed to comply with it.
To obtain a judgment of civil contempt, the party bringing the case generally must prove by clear and convincing evidence that the other party disobeyed a clear and unequivocal command of the court. An ambiguous order ordinarily cannot support a contempt finding because the person bound by the order must be able to determine what the court required.
Importantly, civil contempt does not universally require proof that the defendant intentionally or maliciously violated the order. The central questions are whether the order clearly required particular conduct and whether there was disobedience of that requirement. Ability to comply can also be important. In support contempt proceedings, Massachusetts law specifically places the burden on the defendant to prove an inability to comply with the existing support order.
A Complaint for Contempt in Massachusetts is generally started by filing the Probate and Family Court’s Complaint for Contempt form. The defendant must be formally served, and Massachusetts court instructions provide a shorter response period for contempt cases than for most ordinary domestic-relations complaints. The court then holds a hearing at which the parties can present evidence concerning the alleged violation and any defenses.
Civil Contempt vs. Criminal Contempt
Massachusetts recognizes both civil and criminal contempt, but they serve different purposes and involve different procedures.
Civil Contempt
Civil contempt is primarily remedial or coercive. Its purpose is generally to obtain compliance with the court’s existing order or provide relief to the party who was deprived of the benefit of that order, rather than to punish past misconduct.
If the court finds civil contempt, the remedy depends on the order that was violated and the circumstances of the case. The judge may order payment of amounts owed, require performance of an obligation by a particular date, enter other orders designed to compel compliance, and award attorney’s fees when authorized or appropriate.
Support cases have additional statutory enforcement remedies. For example, G.L. c. 215, § 34 authorizes the Probate and Family Court to order payment of support arrears, establish payment schedules, require employment searches or job programs in appropriate circumstances, and in some cases impose a stayed jail sentence that the defendant can avoid by satisfying specified conditions.
Criminal Contempt
Criminal contempt is punitive rather than remedial. Its purpose is to punish conduct that defies the authority of the court, and the defendant receives protections associated with a criminal proceeding, including the presumption of innocence, the right to counsel, and proof beyond a reasonable doubt. Depending on the proceeding, a right to a jury trial may also apply.
Criminal contempt is distinct from the ordinary civil Complaint for Contempt used by family law litigants seeking enforcement. Violations of certain abuse prevention orders may also constitute separate criminal offenses under G.L. c. 209A, in addition to the court’s authority to use civil contempt to enforce its own orders.
Common Types of Contempt Cases
A contempt action can be used to enforce many different Probate and Family Court orders, provided the obligation is sufficiently clear and the legal requirements for contempt are established.
Common family law contempt cases include:
- Failure to pay child support: A parent may seek enforcement when the other parent fails to pay court-ordered child support, including unpaid arrears.
- Failure to pay alimony: A former spouse may seek enforcement when an existing alimony obligation has not been paid as ordered.
- Custody and parenting-time violations: Contempt may be appropriate when a party fails to comply with a sufficiently clear custody or parenting schedule, including withholding parenting time required by an order.
- Property-transfer obligations: A contempt action may seek enforcement when a party fails to transfer real estate, execute documents, divide accounts, refinance property, or complete another financial obligation required by a judgment.
- Court-ordered attorney’s fees or expenses: Failure to pay a monetary obligation expressly required by an order may provide grounds for enforcement.
- Orders to vacate or take specific action: A clear order requiring a person to leave a residence, return property, execute documents, or perform another specific act may be enforced through contempt when the requirements are satisfied.
- Abuse prevention orders: A court can use civil contempt to enforce its own G.L. c. 209A order. Some violations of abuse prevention orders are also criminal offenses and may involve law enforcement or criminal prosecution.
Not every disagreement or technical violation results in contempt. The wording of the underlying order is critical. If the order does not clearly tell the parties what they must or must not do, the court may determine that contempt has not been established even if the parties strongly disagree about what the order was intended to accomplish.
Talk to a Contempt Enforcement Lawyer in Massachusetts
Contempt cases can have significant financial and practical consequences for both parties. These parties include the person seeking enforcement and the person accused of violating an order. An experienced Massachusetts contempt enforcement lawyer can review the underlying judgment. The lawyer can determine whether the disputed obligation is sufficiently clear. They can also organize evidence of compliance or noncompliance and evaluate available defenses. The lawyer can then advocate for an appropriate remedy.
For someone seeking enforcement, that may mean documenting missed payments, parenting-time violations, incomplete property transfers, or other failures to comply. For someone defending against a contempt complaint, counsel can evaluate whether the order was clear and whether compliance actually occurred. Counsel can also determine whether compliance was possible and whether the requested relief is legally appropriate.
Turco Legal has a large team of divorce and family law attorneys who handle contempt and enforcement matters throughout Massachusetts. To discuss your situation, call (617) 657-4878 or schedule a free phone or Zoom consultation online.
Frequently Asked Questions About Contempt and Enforcement in Massachusetts
Is It Hard to Prove Contempt in Massachusetts?
Contempt requires more than showing that the other party acted unfairly or failed to do what you expected. The party seeking civil contempt generally must prove the defendant disobeyed a clear and unequivocal court command. They must establish this by clear and convincing evidence. Therefore, both the wording of the order and evidence of the violation matter.
Do I Need a Lawyer to File Contempt Charges?
No. A person may file a civil Complaint for Contempt in the Massachusetts Probate and Family Court without an attorney. Civil contempt is not technically the same as filing criminal “charges.” However, an attorney can be particularly helpful when an order is disputed. An attorney can also help when the alleged violation is complicated or significant financial or coercive remedies are requested.
Can I Recover Attorney’s Fees in a Contempt Case?
Attorney’s fees may be awarded in appropriate Massachusetts contempt cases. In certain contempt judgments, a party may fail to comply with monetary support obligations. G.L. c. 215, § 34A creates a presumption that the successful plaintiff will receive reasonable attorney’s fees and expenses. The judge may overcome this presumption by making specific findings otherwise.
What Happens If I Cannot Afford to Comply With a Support Order?
An inability to pay can be important in a support contempt case. However, a party should not simply stop complying with the order. Massachusetts law places the burden on a defendant in a civil support contempt proceeding to prove an inability to comply. The existing order generally remains enforceable unless the court modifies it.
Can I Use Contempt to Change a Court Order?
No. A Complaint for Contempt generally asks the court to enforce an existing order, not change it. If circumstances have changed, the existing custody, parenting-time, child-support, or alimony order may need revision. A Complaint for Modification may be the appropriate procedure instead.