Contempt & Enforcement in Massachusetts

Any order, whether a temporary order or a final judgment, that is signed by a family court judge is enforceable. This means that if one party is not upholding his or her end of the deal, the court can take measures to enforce the order. For example, if the custodial parent is supposed to be receiving child support payments but the non-custodial parent is not paying, the custodial parent can seek the court’s help to enforce the order and ensure that he or she gets what is due. The aggrieved party files for contempt to initiate these actions.

Contempt Defined

The basis of all contempt actions is an enforceable court order. If there is a judge-signed order and evidence that one or more parties violated that order, then enforcement actions can be taken because that party is considered to be in contempt of court. The non-compliant party can be forced to cooperate through a variety of means.

Only Courts Can Change Court Orders

An order that is signed by a family court judge is a legally binding court order and, as such, can only be changed by the court. Even if one party does not like the terms outlined in the order, obeying the terms is not optional. However, it is possible for either party to petition for a modification to change the terms and conditions of a court order.

Enforcement Options Available

There are a variety of enforcement options available when a party is found to be in contempt of court, including:

• A court order for immediate payment
• Wage garnishment
• Driver’s license suspension
• Tax refund interception

It is important to know your rights in the event of non-compliance. If another party is failing to uphold their end of a family court order, contact a Massachusetts enforcement attorney at Miller Law Group, P.C. at (508) 502-7002 for a free case evaluation.