When a Probate and Family Court order is in place, both parties are expected to follow it.
Court orders may address parenting time, child support, alimony, health insurance, use of the marital home, payment of certain expenses, communication between parents, or other important issues. When one person does not follow the order, the other party may feel frustrated and unsure what options are available.
In some situations, a Complaint for Contempt may be appropriate.
A Complaint for Contempt asks the court to address a person’s failure to comply with an existing court order. In Massachusetts family law cases, contempt issues can arise in divorce, custody, child support, alimony, and other Probate and Family Court matters.
Importantly, contempt is not just about being upset that the other party did something wrong. In Massachusetts, contempt generally requires a willful violation of a clear and unequivocal court order.
Start With the Existing Court Order
Before filing or responding to a Complaint for Contempt, it is important to look closely at the court order itself.
A contempt complaint is based on the idea that someone violated a clear and specific order. If the order is vague, confusing, or does not actually address the issue, contempt may be more difficult to prove.
For example, an order that clearly states a parent must pay a specific amount of child support by a certain date is different from a general disagreement about what feels fair or reasonable.
The first question is usually: what does the current order actually require? From there, it becomes easier to evaluate whether the other party failed to comply, whether the violation was willful, and what evidence may be available.
Common Issues That May Lead to Contempt
Contempt complaints can involve many different family law issues.
Common examples include failure to pay child support or alimony, refusing to follow a parenting time schedule, interfering with court-ordered parenting time, failing to pay court-ordered expenses, failing to provide required financial documents, or refusing to comply with terms of a divorce judgment.
Every situation is different. A missed payment, late exchange, or one-time mistake may not be viewed the same way as repeated, intentional noncompliance.
The facts matter, and so does the language of the order.
Keep Records of What Happened
If you believe the other party is not following a court order, documentation is important.
Try to keep records that show what happened, when it happened, and how it relates to the existing order. This may include payment records, text messages, emails, parenting time calendars, receipts, notices, or other written communication.
For example, if the issue involves missed parenting time, it may be helpful to document the dates, times, what was supposed to happen, what actually happened, and any communication between the parties.
If the issue involves unpaid support or expenses, payment histories, bank statements, invoices, receipts, or court payment records may be relevant.
Good documentation can help clarify the issue and make it easier for your attorney to evaluate your options.
Avoid Self-Help Decisions
When someone is not following a court order, it can be tempting to take matters into your own hands.
For example, a parent may feel justified withholding parenting time because support has not been paid. Or someone may stop making payments because the other party has not complied with a different part of the order.
This can create additional problems.
In general, one party’s failure to follow an order does not automatically give the other party permission to ignore a different part of the order. Court orders remain in effect unless they are changed by agreement approved by the court or by a new court order.
If the other party is not complying, it is usually better to seek legal guidance rather than make a decision that could put you at risk of being accused of violating the order yourself.
What If You Are Accused of Contempt?
Being served with a Complaint for Contempt can feel stressful, especially if you believe there is more to the story.
If you are accused of contempt, do not ignore the paperwork. Read it carefully, note any court dates, and speak with an attorney about how to respond.
There may be important defenses or explanations. The order may not be clear. You may have complied with the order. Compliance may have been impossible under the circumstances. The other party may be misrepresenting what happened. Or the issue may require modification rather than contempt.
It is important to take the complaint seriously and gather any documents, messages, payment records, or other evidence that may help explain your position.
Contempt Is Different From Modification
A Complaint for Contempt asks the court to address noncompliance with an existing order.
A Complaint for Modification asks the court to change an existing order because circumstances have changed.
This difference matters. If someone cannot follow an order because of a major change in income, employment, schedule, childcare needs, or another significant circumstance, a modification may be necessary. Simply failing to follow the current order can create legal problems, even if the person believes the order is no longer practical.
For example, if a parent loses a job and can no longer pay the same amount of support, the right next step may be to seek a modification. Waiting, missing payments, or assuming the obligation no longer applies can lead to contempt issues.
When Court Orders Are Not Being Followed
Court orders in family law cases are meant to provide structure and clarity. When those orders are not followed, a Complaint for Contempt may be one way to ask the court to address the issue.
Before taking action, it is important to review the existing order, document what happened, avoid self-help decisions, and understand whether the issue is truly contempt or whether a modification may be needed.
At Fleischer Law Solutions, we help clients evaluate court order enforcement issues with the specific language of their order in mind. Please contact us to schedule a consultation if you need help with a Complaint for Contempt, responding to a contempt allegation, enforcing a court order, or understanding whether modification may be the better next step.